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(영문) 서울중앙지방법원 2018.03.20 2017가단5122416
약정금
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate from July 28, 2017 to March 20, 2018.

Reasons

Facts of recognition

A. The plaintiff and C are legally married couple who reported their marriage on March 10, 1989, and the defendant is a couple with the plaintiff and C through a couple's meeting of the native folkssss society for at least 20 years, with the knowledge of the plaintiff and C.

B. On December 20, 2012, and January 3, 2013, the Plaintiff: (a) discovered the relationship between C and the Defendant; and (b) recorded the situation in which C and the Defendant met within the train.

C. On January 24, 2013, the Plaintiff drafted each of the following descriptions with the Defendant, and the Plaintiff and the Defendant signed and affixed their respective seals respectively.

(hereinafter referred to as “instant arrangement”). B acknowledges the fact of appearance with C, and at the same time and at the same time, B promises to inform the principal’s family of all of the facts of appearance.

This commitment shall be prepared in two copies to prove the establishment of the commitment upon the date of its conclusion and upon the date of its conclusion, and both A and B shall be kept in one copy, respectively.

However, even after the agreement of this case, the Defendant did not liquidate the relationship with C until 2017, and on May 4, 2017, the Defendant prepared a letter to the Plaintiff stating that “B will receive a crime and make a mental compensation by repeatedly repeating with B.”

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, 7, 8 (including virtual number), the purport of the whole pleadings

2. Determination as to the claim for agreed amount (main cause of claim);

A. However, there is no evidence to acknowledge the invalidity or revocation of the instant agreement, although the Defendant asserted that the instant agreement is invalid as an indication that is not a true representation, or as a declaration of intent by duress.

The defendant's above assertion is without merit.

B. In light of the various circumstances indicated in the argument in the instant case, such as the nature of the contract amount sought by the Plaintiff, the background leading up to the preparation of the written statement in this case, the content of the written statement, and the agreed amount, the Defendant’s drafting of the instant written statement to

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