위자료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance for the acceptance of the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the part of the judgment on the Plaintiff’s assertion emphasized in the trial as set forth in paragraph (2) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of
2. The addition;
A. The plaintiff asserts that the part of the lawsuit under paragraph (3) of the agreement of this case is related to the lawsuit due to monetary transaction. Since the lawsuit of this case is a separate case unrelated to monetary transaction, the above part of the lawsuit does not apply, and since C and the defendant, who are the accomplice of the first tort, cannot reach an agreement on the lawsuit of this case without the plaintiff's consent, the above part of the lawsuit of this case does not apply.
The court below did not determine that the above provision on the lawsuit was applied directly to the lawsuit of this case between the plaintiff and the defendant, but determined that there was an agreement to withdraw the lawsuit of this case when the plaintiff's agent paid KRW 130 million under the agreement of this case between D and the defendant. Thus, the plaintiff's above assertion is without merit without any need to examine it.
B. The Plaintiff asserts that D did not agree with the Defendant to withdraw the instant lawsuit, and that D did not have such power of representation.
The following circumstances, which are acknowledged by the respective statements and arguments of Eul, Nos. 4, 5, 6, and 9 (including paper numbers) and the purport of the entire argument, are as follows: ① After the formation of the agreement, the plaintiff acquired claims against the defendant of Eul and directly received the money under the agreement of this case, and the plaintiff also recognized the contents of the agreement of this case; ② The lawsuit that was pending at the time of the formation of the agreement of this case is the lawsuit of this case; thus, the plaintiff wants to withdraw the lawsuit of this case in accordance with the provisions of the subsidiary claim of the agreement of this case.