A. On October 2006, the Plaintiff and E concluded a parcelling-out agency contract with D Co., Ltd. that the sales agency business of Jongno-gu Seoul Metropolitan Government Co., Ltd. is to operate the sales agency business of the above building as a partnership business, and has the right to sell the above building vicariously.

B. On October 12, 2006, E received KRW 50 million from the Plaintiff, and paid KRW 50 million to the Defendant, the representative of the said company, as the performance bond for the sales agency contract, and the Defendant issued the receipt to E in the name of the said company.

C. Around July 31, 2007, the Defendant filed a complaint with the Seoul Seongbuk Police Station by deceiving the above performance bond of KRW 50 million. Accordingly, on February 27, 2008, the Defendant was indicted for fraud with the content that the Defendant acquired the above performance bond of KRW 50,000 by receiving KRW 50,000 from E as a deposit money, even though he/she did not have the intent or ability to transfer the performance bond of KRW 50,00,000.

Around March 2008, the Seoul Central District Court 2008 Godan929, which was pending in the trial of the first instance, submitted a written withdrawal of complaint to the effect that “the defendant shall pay 50 million won to E with the agreed money for the above deceptive act” (hereinafter the above agreement is referred to as “instant agreement,” and accordingly, E’s claim against the defendant against E is referred to as “instant agreed money claim”) around April 10, 2008.”

E. On August 27, 2008, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for fraud in the first instance court of the above criminal case, and the above judgment became final and conclusive as it is.

F. Meanwhile, on July 23, 2015, E acquired the said performance guarantee, including the instant agreed money claim, from the Plaintiff on July 23, 2015, during the instant appellate trial.