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(영문) 수원지방법원 2017.08.29 2016나78240
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. As a result of examining the defendant's grounds for appeal and the evidence submitted by the court of first instance as to this case, the court's explanation on this case is as follows: " alone the evidence submitted by the defendant" of No. 18 of the second part of the judgment of first instance shall be deemed to be " alone the evidence submitted by the defendant at the court of first instance and the trial," and the second part of the second part shall be deemed to be "(the defendant shall be deemed to be a case where the probative value of the disposition document may be rejected in light of either the plaintiff's coercion or the relation between the plaintiff and the defendant's friendship." However, the statement of No. 3 through No. 9 alone is insufficient to recognize that the above execution letter was prepared in accordance with the plaintiff's coercion, and there is no other evidence to acknowledge this differently, and merely because of the above assertion, it cannot be deemed to constitute a case where the probative value of the disposition document is rejected)" as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the reasons stated in the judgment of first instance.

2. Conclusion, the plaintiff's claim should be accepted as reasonable.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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