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(영문) 서울고등법원 2015.04.30 2014나2033220
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

Claim:

Reasons

1. The reasons why the court should explain this part of the facts of recognition are the same as “1. Recognizing facts” among the reasons for the judgment of the court of first instance, and this part is cited by the text of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from July 30, 2013 to the day of complete payment, which is the day following the day when the copy of the instant lawsuit, including the Plaintiff’s declaration of claim for return, is served on the Defendant, jointly and severally with the co-defendants of the first instance trial and the husband B, who is the Plaintiff.

B. The defendant's assertion asserts that the defendant revoked the above declaration of intent of joint and several sureties for the following reasons.

[In the trial, the defendant has withdrawn his argument that the expression of intent under the letter of performance in this case constitutes an anti-social juristic act (Article 103 of the Civil Act) or unfair juristic act (Article 104 of the Civil Act) and thus null and void, and thus the declaration of intent is revoked by fraud or coercion. The defendant signed and sealed the letter of performance (Evidence A9) in the letter of performance in this case to the effect that the defendant is jointly and severally and severally liable for the obligation to return investment deposit in this case is jointly and severally liable for the obligation to return investment deposit in this case. In addition, the defendant signed and sealed the letter of performance in the letter of performance (Evidence B) of this case to the effect that "if so, it would be possible to dispose of the LPG loyalty business right in this case and arrange the business by disposing of it," and the phrase to the effect that "the defendant's joint and several liability belongs to the defendant and does not belong to the defendant" was trusted with the explanation of

The defendant clearly recognizes the reasons why he affixes his signature to the creditors, including the plaintiff, and affixed his seal to the letter of performance of this case, so the above declaration of intent of joint and several sureties is erroneous.

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