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(영문) 대구지방법원 2020.06.10 2019나319820
약정금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The Plaintiff’s appeal costs are assessed against the Defendant.

Reasons

1. The grounds for appeal by the plaintiff and the defendant citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence submitted in the court of first instance is added to the evidence submitted in this court, and the fact-finding and judgment of the court of first instance

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment under the following paragraph (2).

2. Determination on addition

A. Determination on the Plaintiff’s grounds of appeal 1) A summary of the Plaintiff’s grounds of appeal 1, as to the primary claim, the Defendant’s preparation of each letter (No. 2-1) by the Plaintiff and E’s coercion does not mean the act by the coercion. The Plaintiff and E did not have been punished for the charge of joint coercion in relation to the preparation of each letter, and it is difficult to view that the Defendant prepared each letter in light of the degree of assault by the Plaintiff, etc., and the Defendant did not immediately file a complaint against the Plaintiff, etc. (2) In light of the following: (a) as to the conjunctive claim, the Defendant and C’s family failure due to the Defendant’s wrongful act, the amount of consolation money of KRW 15 million cited in the first instance trial (a) and KRW 14,00,000,000,000 cited in the Plaintiff’s above argument, the Plaintiff and E cannot be acknowledged as having been subject to a disposition by the charges of violation of the Punishment of Violences, etc. Act from the District Prosecutors’ Office on March 20, 20, 20199.

However, even if the Plaintiff was subject to a disposition of incompetence against joint coercion, the time relationship between the Plaintiff and the Defendant’s act of assault against the Defendant and the preparation of a letter, the place where the Defendant prepared the letter, the circumstances before and after the preparation of the letter, the relationship between the Plaintiff and the Defendant, and the Defendant, the amount to be paid by the Defendant according to the letter, and the Defendant’s assault against the Plaintiff, etc.

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