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(영문) 대구지방법원 2015.02.04 2014나12421
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Defendant assaulted the Plaintiff on or around June 2013, and suffered injuries, such as the pellley, open upper part (3.5 cm on the left side, 1 cm on the left side), and cage cage cage cage cage cage cage 7 on the left side.

Based on the above injury, criminal proceedings were conducted against the Defendant, and on October 14, 2013, the Defendant decided to give the Plaintiff the agreed amount of KRW 5 million.

(hereinafter “instant agreement”). Around that time, the Defendant prepared a letter of payment with the purport that the Plaintiff shall pay KRW 2.5 million to the Plaintiff, and that the remainder KRW 2.5 million shall be paid by November 14, 2013.

(hereinafter referred to as “instant letter of payment”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2-1 and 2-2, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 2.5 million under the instant payment memorandum and damages for delay calculated at the rate of 20% per annum from November 30, 2013 to the date of full payment, which is the day following the delivery date of the instant payment order, as requested by the Plaintiff.

2. The defendant's assertion argues that the defendant agreed to pay 5 million won as medical expenses and consolation money under the name of the plaintiff and 2.5 million won among them, the defendant's claim for payment of 5 million won was unfair, and that the plaintiff's medical expenses were not known at the time, and that the defendant did not have an obligation to pay the remaining 2.5 million won.

On the other hand, the agreement of this case is a compromise contract under the Civil Act, and the agreement of this case can not be cancelled on the ground of mistake except when there is an error in matters other than the dispute which is the object of a compromise party's qualification or a compromise (Article 733 of the Civil Act). This part of the defendant's assertion is erroneous in the part concerning the dispute which is the object of the compromise.

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