손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion that the cause of the plaintiff's claim is that the defendant received KRW 83,079,623 from the defendant in accordance with an agreement with the defendant with regard to the disposal of the real estate listed in the separate sheet (hereinafter "the real estate of this case"), but the defendant paid KRW 59,00,000,00. The defendant did not pay KRW 13,279,510 among the transfer income accrued from the sale of the real estate of this case, and thus, the defendant sustained damages of KRW 37,359,133 in total, as the defendant did not pay the above amount and delay damages to the plaintiff.
2. The defendant's judgment on the legitimacy of the lawsuit is unlawful as the lawsuit of this case was filed against the agreement on the lawsuit of this case.
Therefore, if we look at the witness C’s testimony and the overall purport of the pleading in the statement of evidence No. 1, the Plaintiff agreed not to file a civil or criminal claim against the Defendant in relation to the instant real estate after he received the settlement payment with the Defendant on June 29, 2012, and the Defendant paid the settlement amount of 59,000,000 won agreed with the Plaintiff on the same day.
Therefore, the lawsuit of this case is unlawful as it was filed against the above dispositive agreement.
The defendant's main defense is reasonable.
3. As such, the instant lawsuit is dismissed as it is unlawful.