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1. The Defendant shall calculate the amount of KRW 81 million to the Plaintiff at the rate of 15% per annum from April 7, 2016 to the date of full payment.
Reasons
1. The parties' assertion
A. On August 3, 2009, the Defendant agreed to pay KRW 81 million to the Plaintiff.
(A) Evidence No. 1). (b)
The defendant did not borrow money from the plaintiff; however, it was true that the defendant prepared the evidence No. 1 (Dismissal) and delivered it to the plaintiff, but it was prepared by the plaintiff's strong pressure, so the defendant's above repayment agreement is revoked by the declaration of intention by force.
The Defendant served as an employee of Credit Business Co., Ltd. D (hereinafter referred to as “Nonindicted Company”) operated by C, and the Plaintiff was also an investor as a director of the Nonparty Company.
On August 3, 2009, when the Plaintiff invested funds in the non-party company and suffered losses, the Plaintiff prepared a letter of commitment by the Defendant without any choice but to force the non-party company to prepare it by threatening ten investors who suffered investment losses to file a complaint and to detain the Defendant on the job.
2. As to whether the Defendant prepared the above written statement under the Plaintiff’s strong pressure, the Defendant prepared and delivered the written statement to the Plaintiff, which was an investor of the non-party company, while working for the non-party company as an employee of the non-party company run by C, with a comprehensive view to the purport of the entire pleadings as to whether the Defendant prepared the written statement, the Defendant was sentenced to imprisonment for two years and six months from the Daegu District Court (2010No2674) on January 20, 201, on the ground that the Defendant was accused of fraud, occupational embezzlement, occupational embezzlement, breach of trust, fabrication of documents, etc. from the non-party company’s operator, and was sentenced to imprisonment for two years and six months from the Daegu District Court (2010No2674). However, it is difficult to conclude that the Defendant prepared the above written statement under the Plaintiff’s strong pressure. Furthermore, it is also difficult to conclude that the Plaintiff made an investment by the Defendant as his house on August 3, 2009.