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

Purport of claim and appeal

The first instance court.

A. On September 23, 2015, the Plaintiff and the Defendant drafted a written agreement on the separate lawsuit between the Plaintiff and the Defendant (hereinafter “instant agreement”) stating that “the Plaintiff shall pay the amount agreed upon to the Defendant, but if the Plaintiff won the separate lawsuit, the Defendant shall return the full amount of the agreed amount to the Plaintiff” (hereinafter “instant agreement”).

B. On February 4, 2016, the judgment in favor of the Plaintiff was rendered, and the said judgment was finalized on June 23, 2016 by the Supreme Court.

C. The Defendant returned KRW 50 million to the Plaintiff on the pretext of the return of agreed amount pursuant to the instant agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the agreement amount that the plaintiff paid to the defendant is KRW 56.1 million (=the provisional attachment termination cost of KRW 50 million) and the defendant paid KRW 50 million to the plaintiff. Thus, the plaintiff is obligated to refund the remaining KRW 6.1 million and damages for delay.

In this regard, the defendant asserted that the agreement that the defendant should return according to the agreement of this case is only KRW 50 million, and that the provisional seizure termination cost is borne separately by the plaintiff, so it cannot respond to the plaintiff's claim.

B. As long as the formation of a disposition document is recognized as the authenticity of its formation, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement.

(2) In light of the above legal principles, the provisional attachment termination cost is included in the agreed amount to be returned to the Plaintiff according to the instant agreement, and the purport of the entire arguments and arguments as to whether it is included in the agreed amount to be returned to the Plaintiff by the Defendant pursuant to the instant agreement.