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(영문) 수원지방법원안산지원 2017.05.17 2016가단27443
용역비반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2, 2016, the Defendant prepared and delivered to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”).

The due date for payment of KRW 30,000,000,000,000,000,000,000 respectively: I undertake to return the said amount within the due date for payment of KRW 30,000,000,00,000,000,000,000,000,000,00

【Unless there exist any special circumstances, the Defendant is liable to pay to the Plaintiff KRW 30 million and damages for delay in accordance with the instant payment note, barring any special circumstance.

2. Judgment on the defendant's defense

A. As to this, the defendant prepared a written statement of performance of this case to return KRW 30 million by the plaintiff's duress, and therefore, the defendant defense that the above declaration of intent is revoked as the written statement of this case.

B. In order to be referred to as a declaration of harm by duress, the other party’s expression of harm should have made a fear and fear due to the other party’s expression of harm illegally. Here, in order to make it illegal, the act of coercion expressing certain harm and injury should fall under the case where the profit pursued by the notice of harm and injury is not justifiable, the content of harm and injury notified to the other party as a means of coercion violates the legal order, or where the notice of harm and injury is inappropriate as a means to achieve the profit pursued by the notice of harm and injury, in light of the

(See Supreme Court Decisions 99Da64049 Decided March 23, 2000 and Supreme Court Decision 2009Da72643 Decided February 11, 2010, etc.).

The following facts may be acknowledged in full view of the overall purport of the pleadings in each of the evidence Nos. 1, 2, and 1 through 6.

1 The defendant who is the representative of insurance agency of LIG damage insurance company shall be the representative director of the E company.

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