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(영문) 수원지방법원성남지원 2015.10.13 2014가단40106
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from January 6, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1, the defendant concluded a boiler installation contract with the plaintiff on September 29, 2014, to install and lease the defendant's heat boiler on the first floor D Co., Ltd. of the plaintiff Sungnam-si, Sungnam-si. According to the above contract, the plaintiff paid a deposit amount of KRW 5 million to the defendant, and bear the cost of electrical construction. ② Under the above contract, the plaintiff removed the electricity boiler already used in the above D Co., Ltd.; ② the defendant installed the above D Co., Ltd. on two occasions; ③ the defendant failed to operate the above heat boiler properly; ③ the defendant installed the heat boiler up to the end of October 27, 2014 to install the heat boiler up to its performance and then failed to meet the performance of the boiler up to KRW 3 million, including electrical construction losses of KRW 5 million, KRW 200,000,000,00 under the contract.

“A” is recognized as having written and drawn up a letter of commitment (No. 1, the instant letter of commitment) to the purport.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 30 million under the agreement of this case and the damages for delay at the rate of 20% per annum from January 6, 2015 to the date of full payment after the complaint of this case was served on the defendant.

2. As to this, the Defendant, on October 28, 2014, took the signature of the instant commitment after he forced the Defendant to take the boiler room into force, and detained the Defendant. Thus, the Defendant asserts to the effect that the declaration of intent under the said commitment is revoked on the ground of the declaration of intent by coercion. However, the images of the evidence Nos. 2 and 3 alone are the fact that the declaration of intent under the said commitment was made by coercion.

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