약정금
1. Of the instant lawsuit, the part of the claim in the attached Form shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Facts of recognition;
A. On July 9, 2014, the Defendant agreed to pay KRW 80 million to the Plaintiff when selling Daegu-gu Carryover 301.
(hereinafter “instant agreement”). (b)
On October 15, 2014, when receiving KRW 21.5 million from the Defendant, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant that “all claims and obligations, in particular, the rights (in relation to money) with CBD 301, did not raise any objection, including civil criminal litigation, and arranged all money relations with the Defendant” (hereinafter “instant agreement”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 (including the number with provisional number; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant was obligated to pay KRW 80 million to the Plaintiff upon the sale of CBC 301 in accordance with the instant agreement. However, in the event that the Plaintiff lost in civil litigation with E, the Plaintiff is obligated to pay KRW 16 million to E, and KRW 28 million to the Plaintiff’s obligation to F (hereinafter the above two obligations are referred to as “separate obligation”).
() The Defendant anticipated to repay the Plaintiff on behalf of the Plaintiff and agreed to prepare the instant agreement. The Plaintiff did not win the lawsuit with E, and did not pay the F in lieu of the Defendant’s direct payment, and the Defendant is obligated to pay the Plaintiff the sum of KRW 4 million (= KRW 28 million) of each of the above amounts (= KRW 16 million) to the Plaintiff. In addition, the Plaintiff resolved the issue of E and F related money, and sought payment of KRW 44 million to the Defendant, and the Defendant agreed to receive compensation for the Defendant’s G real estate owned by the Defendant.
B. The defendant's assertion that the plaintiff prepared the agreement of this case and agreed to bring an action against the plaintiff, so the lawsuit of this case shall be dismissed, and even if not, the defendant's loan 301 is against the defendant.