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(영문) 서울서부지방법원 2019.02.19 2018나39987
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 6 of the judgment as to the cause of the instant claim, the Defendant prepared, at the Defendant’s request, a payment note to the Plaintiffs that they would refund KRW 3,00,000 to each of the Plaintiffs up to March 31, 2018, where the Plaintiffs could not receive principal reimbursement from F in relation to the work that the Plaintiffs deposited money with the business entity “F” under the name of the Plaintiff’s investment deposit, and the fact that the Plaintiffs had not received principal reimbursement from F is recognized.

Thus, the defendant is obligated to pay to the plaintiffs 3,00,000 won each and 5% per annum under the Civil Act from April 1, 2018 to June 1, 2018, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

On the other hand, the defendant asserts that the above payment dismissed form was not invalid or there is no obligation under the above payment dismissed form, since it was prepared in extreme fear of threat, such as submission of a written complaint, without giving notice from the plaintiffs, while the defendant was prosecuted for a violation of the Act on Door-to-Door Sales, etc., related to F and was in trial.

However, there is no evidence to find that the defendant, like its assertion, was subject to intimidation from the plaintiffs and prepared the above written rejection of payment. Therefore, the defendant's assertion is without merit.

2. In conclusion, the plaintiffs' claims in this case shall be accepted on the grounds of all of them, and the judgment of the court of first instance is just, and the defendant's appeal against the plaintiffs shall be dismissed. It is so decided as per Disposition.

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