A. The Plaintiff had a claim for KRW 135,277,120 and damages for delay against the Defendant based on the final and conclusive judgment of the Suwon District Court 2013Gahap2167 case.

(C) Around February 28, 2013, as the Defendant purchased scrap metal from the Plaintiff using the Defendant’s trade name, the Defendant is obligated to pay KRW 135,277,120 to the nominal name holder under Article 24 of the Commercial Act. (B)

On November 19, 2013, the Plaintiff and the Defendant agreed to the effect that “the Plaintiff shall receive KRW 105,249,650 from the Defendant and waive the remainder of the claims” with respect to the payment of the money based on the above judgment, but further agreed to the effect that “the Defendant shall preferentially pay KRW 34,00,000 to the Plaintiff when the Defendant receives KRW 34,000,000 from C in relation to the above case (U.S. District Court Ansan Branch 2013Gahap2167).”

(hereinafter referred to as the “instant agreement”). The Defendant paid KRW 105,249,650 under the instant agreement to the Plaintiff.

C. Meanwhile, on September 7, 2012, C completed the registration of the creation of a collateral security right (hereinafter “instant collateral security right”) against the Defendant with respect to the apartment located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, the conciliation unit of C on September 7, 2012, which constituted a maximum debt amount of 130,000,000.

C On September 23, 2014, the above apartment was loaned KRW 150,000,000 from a bank as collateral and paid to the Defendant as the repayment of the secured debt of this case. Accordingly, the registration of establishment of the neighboring apartment was revoked on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion was that the Defendant received KRW 150,000,000 from C on September 23, 2014, and accordingly, the Defendant is obligated to pay KRW 34,00,000 among them to the Plaintiff according to the instant agreement.

B. The defendant's summary of the defendant's assertion is the plaintiff.