(영문) 광주지방법원 2018.08.17 2017나59634

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(영문) 광주지방법원 2018.08.17 2017나59634

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, and such reasoning is acceptable pursuant to the main sentence of Article 420 of the

2. On the part of the judgment of the court of first instance, the parallel No. 6 to No. 21 shall be added to the following.

In addition, the Plaintiff and the Defendant agreed to terminate all monetary transaction relations by transferring the ownership of the instant FF loan by the end of August 2016. However, even according to the Defendant’s assertion, the value of the instant FF loan was 1.5 million won at the time of the transfer of ownership, but thereafter, the Plaintiff began to demand the Defendant to pay additional KRW 100 million to the Defendant. In such a situation, it is reasonable to deem that the Defendant agreed to pay KRW 40 million to the Plaintiff by the end of August 12, 2016 by expressing the consent that the Plaintiff shall pay KRW 40 million to the Plaintiff by the end of August 2016.

As to this, the defendant asserts that the declaration of intention to give KRW 40 million to the plaintiff is invalid by a false declaration or by duress, and thus revoked.

However, in a declaration of intention that is not a true intention, the expression of intention refers to the expression of intention of the person who intends to express a specific content, not to mean that it is true, but should be made by the other party by unlawfully notifying certain harm and injury. In light of the family relation of the Plaintiff and the Defendant, the contents and the circumstance of the letter note sent by the Defendant to the Plaintiff, etc., the statement or image of the evidence Nos. 2 through 6 alone is insufficient to deem that the Defendant’s declaration of intention is not a true intention but a declaration of intention by coercion or a declaration of intention by coercion.

참조조문

-민사소송법 제420조

유사 판례

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