청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the first instance is as follows, except for the Plaintiff’s assertion of adding new or emphasizing the second instance by this court, and the reasoning of the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. On August 12, 2016, C, the representative director of the Plaintiff’s assertion, returned the amount of damage KRW 123 million to the Defendant, and the actual amount of damage remains at KRW 93 million. However, due to intimidation between the Defendant and the Defendant on November 25, 2016 (hereinafter “instant conciliation”), a conciliation was established between the Plaintiff and the Defendant as the adjusted amount of KRW 170 million (hereinafter “instant conciliation”).
On January 31, 2017, C agreed to transfer the Plaintiff’s claim amounting to KRW 318,00,000 to H to the Defendant. On February 6, 2017, the Defendant submitted a written agreement to the Gwangju District Public Prosecutor’s Office in the process of investigating C on February 6, 2017 to the effect that he/she does not want criminal punishment. On June 2017, C submitted a written petition to the court under the criminal trial against C, which is in the process of the criminal trial against C, that the said agreement is null and void.
On August 27, 2017, the Plaintiff and the Defendant agreed to exempt the Defendant from the amount exceeding KRW 93 million out of KRW 93 million, which was paid by August 26, 2017, after deducting KRW 48,000,000,000, which was deposited until August 26, 2017, and the Defendant paid KRW 45 million until September 30, 2017. The Defendant agreed to exempt the Defendant from the amount exceeding KRW 93 million out of the amount of KRW 170,00,000 under the instant conciliation agreement. C paid KRW 46,00,000 including interest to the Defendant.
Therefore, all obligations under the instant protocol were extinguished.
B. According to the evidence Nos. 4, 10, and 11 of the judgment of the court below, the defendant is either 93 million won, which is the balance of the damage incurred by the defendant in a criminal trial against C on August 27, 2017.