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(영문) 창원지방법원마산지원 2019.01.24 2017가단107066
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the plaintiff's claim for damages against the defendants

A. On October 27, 2017, the Plaintiff: (a) made an agreement with Defendant B and D (Evidence B No. 1 and 8) stating that “the Plaintiff would not raise any issue with respect to the obligation owed to Defendant B and D” on several occasions from around 2013 to October 2017; (b) drafted each agreement execution letter (Evidence B and D) stating that “the Plaintiff would not impose any civil or criminal liability with respect to the debt owed to the Plaintiff and the Plaintiff’s husband from October 27, 2017 (Evidence B and D No. 3-1 and Evidence No. 5).” On the same day, Defendant B and D drafted each agreement execution letter stating that “the Plaintiff shall not impose any civil or criminal liability with respect to the debt owed to the Plaintiff and the Plaintiff’s husband from October 27, 2017.”

3) The Plaintiff paid Defendant B KRW 40,000,000, totaling KRW 40,000,000 on October 27, 2017, which is the date of the execution of the above agreement, and the totaling KRW 15,00,000 on October 28, 2017, which is the date of the execution of the above agreement. [Grounds for recognition] Evidence A, 3, 5, 1, 8, and 1, 1, 8, including the number, and the purport of the entire pleadings.

B. Around October 25, 2017, Defendant B found the Plaintiff and “the Plaintiff lent money to the Defendant B is illegal credit business, and the Plaintiff’s husband is receiving medical treatment in a convalescent hospital is an insurance fraud. On the other hand, the Plaintiff’s complaint may be an arrest in the act of committing an offense. If the Plaintiff wishes not to file a complaint, he/she shall pay KRW 50,00,000 to the Defendant B. At that time, the rest of the Defendants agreed with the Defendant B by means such as: (a) it is reasonable for the Plaintiff to agree with the Plaintiff.

Therefore, the Plaintiff frightened to the Defendants’ intimidation, and paid KRW 40,000,00 to Defendant B on October 27, 2017 and October 28, 2017, as the above basic facts. The Defendants jointly conspired with the Plaintiff, and 40,000,000 won from the Plaintiff, and thus, the Plaintiff’s property damages amounting to KRW 45,000,000,000, in total, and KRW 45,000,000.

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