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(영문) 전주지방법원 2018.07.05 2017나554
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

In fact, the defendant and the deceased C (hereinafter referred to as the "the deceased") came into hedging since October 2014.

On March 11, 2015, the Deceased was hospitalized in a hospital by suffering telegraphic images, but died on April 17, 2015.

On April 5, 2015, the Defendant drafted a letter to the Plaintiff (the Deceased’s mother) stating that “The Plaintiff will pay KRW 2 million up to April 7, 2015, and pay KRW 18 million each month the remainder of KRW 18 million.”

[Ground of recognition] Fact-finding without dispute, Gap evidence No. 1, and the judgment of the court on the ground of claim purport of the whole pleadings, the defendant agreed to pay a total of KRW 20 million to the plaintiff in installments through the preparation of the above written statement. The final payment date of the above agreed amount is October 7, 2016, which was 18 months from April 7, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 20 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2016 to the date of full payment, as the Plaintiff seeks.

The defendant asserts that the decision on the revocation on the ground of the defendant's coercion as to the defense was made by the plaintiff's duress, and that the defendant revoked his/her expression of intent to bear obligations due to the preparation of the above letter.

However, it is not sufficient to recognize that the defendant prepared the above written statement by the plaintiff's coercion only with the statement No. 6 and witness D of the first instance trial, and there is no other evidence to acknowledge it, the above assertion by the defendant is rejected.

On May 4, 2015, the Defendant asserts that on the part of the Plaintiff, on May 4, 2015, the Defendant exempted the Plaintiff from the obligation to pay the agreed amount because the Plaintiff, “on the part of preparing the confirmation document to be submitted to the insurance company in relation to the deceased’s death, he would be exempted from the obligation to pay the agreed amount.”

A No. 2-3.

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