(영문) 창원지방법원 마산지원 2018.11.14 2018가단4386

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(영문) 창원지방법원 마산지원 2018.11.14 2018가단4386

대여금등

Text

1. The part concerning the claim for damages for delay in the lawsuit of this case shall be dismissed.

2. The Defendant 42.5% on June 30, 2019 to the Plaintiff.

Reasons

1. The defendant's judgment on the defense prior to the merits to the purport that the plaintiff's lawsuit of this case should be dismissed because it is not necessary to file a prior claim, but the following 2-B.

As seen in the claim, as long as the written statement of the repayment of the loan made in the name of the defendant (hereinafter referred to as the "written statement of this case") asserts that it is null and void by the plaintiff's coercion, even if the due date arrives, it is necessary to claim in advance that the plaintiff cannot expect the defendant to perform his/her obligation. Thus, the defendant's defense prior to the merits cannot be accepted.

However, as long as this court orders the defendant to pay the above agreed amount by June 30, 2019, on the premise that the letter of repayment of borrowed money under the name of the defendant was valid and that the defendant is liable to pay the above agreed amount, it does not seem that there is any circumstance in which it is difficult to expect the voluntary performance of damages for delay incurred after June 30, 2019, the due date. Therefore, it is difficult to view that the part of the claim for damages for delay in the lawsuit of this case needs to be claimed in advance by the lawsuit

2. Determination as to the claim

A. In full view of the purport of Gap’s evidence No. 2 and the entire argument as to the cause of the claim, the Defendant would pay KRW 42.5 million to the Plaintiff on April 2, 2018 by June 30, 2019.

“Unless there are special circumstances, the Defendant is obliged to pay to the Plaintiff KRW 42.5 million by June 30, 2019, unless there are special circumstances.

B. The defendant's defense was made by the plaintiff's coercion and thus revoked pursuant to Article 110 (1) of the Civil Code. However, there is no particular evidence to acknowledge the defendant's above assertion, and the defendant's defense is without merit.

2. If so, the claim for damages for delay in the lawsuit of this case is unlawful and dismissed.

참조조문

-민법 제110조 제1항

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