logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.03.25 2020나72836
형사합의금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The facts of recognition are as follows: (a) the Defendant borrowed and acquired 2,1330,000 won from the Plaintiff several times from May 28, 2007 to May 29, 2008 from the Plaintiff; (b) the Plaintiff filed a complaint with the Mine Police Station; and (c) the Plaintiff withdraws the lawsuit under the agreement on the condition that the Plaintiff shall pay 2,000,000 won for the remaining amount and pay 1,833,00 won for one month; (c) the Defendant promised to remove 2,00,000 won for each month from September 21, 2013; and (d) the Defendant will assume criminal responsibility at the time of such failure.

On August 21, 2013, the Defendant entered his personal information in the letter, address, and resident number column of each letter (No. 1, No. 1, hereinafter “instant letter”) stating the following contents, and delivered it to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 4, 2020 to the date of full payment, as requested by the plaintiff, after serving the original copy of the payment order of this case on the plaintiff and upon the plaintiff's request.

B. The defendant asserts that each of the instant agreements is invalid, since it was prepared by the plaintiff's intimidation and coercion in a state where the freedom of decision-making is fully deducted.

However, each written confirmation of C and D (Evidence B Nos. 3 and 4) as shown in the Defendant’s above assertion is insufficient to recognize that the Defendant prepared each written statement of this case in a state where the Defendant completely deprived of the Plaintiff’s freedom of decision-making by intimidation and coercion, and there is no other evidence to acknowledge the same.

Therefore, the defendant's above assertion cannot be accepted.

3. Conclusion, the plaintiff's objection.

arrow