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(영문) 서울동부지방법원 2016.04.27 2016가단4021
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 125,00,000 and the interest rate of KRW 15% per annum from January 19, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1-1, 2, and 2 as to the cause of the claim, the defendant agreed on June 27, 2007 that "if C does not pay KRW 125,000,000 borrowed from the plaintiff, it shall be paid on its behalf," and it may be acknowledged that Eul did not pay the above amount to the plaintiff. Thus, the defendant is obligated to pay the plaintiff KRW 125,00,000 in accordance with the above agreement.

2. As to the judgment on the defendant's assertion, the defendant argued that the above agreement was formed by coercion or formed in an imminent situation and invalid since he/she had no choice but to the plaintiff under the circumstances under which the husband was detained C at the time. However, the defendant's assertion is without merit, since there is no evidence to acknowledge the defendant's assertion.

3. According to the conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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