1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs a new house construction and sales business, and the Defendant was a past employee of the Plaintiff.

B. On September 12, 2009, a sales contract was formulated between the Defendant and C with respect to the pertinent land of KRW 489 million with respect to the purchase price of KRW 344.2 square meters in Seo-gu Incheon Metropolitan City (hereinafter “instant land”).

The Defendant paid KRW 300 million to C as the purchase price, which received a loan of the instant land as security, and the Plaintiff paid the remainder of the purchase price.

Accordingly, on October 1, 2009, the registration of ownership transfer was completed in the defendant's future on the ground of the above sale on the land of this case.

C. On May 31, 2010, the Plaintiff built a multi-family house of the fourth floor size of reinforced concrete structure (hereinafter “instant building”) on the instant land by designating the Defendant as the owner of the building (hereinafter “instant building”). On June 7, 2010, the registration of ownership preservation was completed in the future of the Defendant on the instant building.

The Plaintiff and the Defendant, upon purchasing the instant land and constructing the instant building, shall settle the obligation and obligation arising out of the construction of the instant building and the existing obligation and obligation, etc., and on February 24, 2012, a statement of settlement (Evidence No. 1; hereinafter “instant settlement statement”) as indicated in the attached Form was prepared.

E. On March 10, 2014, the Plaintiff asserted that the Defendant lent KRW 193,478,863 as land price, construction cost, interest on loans, etc. during the process of purchasing the instant land and constructing the instant building, and filed a loan lawsuit against the Defendant (this court 2014Gahap1811), and this court rendered a ruling dismissing the Plaintiff’s claim on October 16, 2014 on the ground that “the preparation of the instant settlement statement constitutes a compromise contract under Article 731 of the Civil Act, and the Plaintiff’s claim for the loan claimed by the Plaintiff was extinguished according to the effect of the settlement contract.”

The defendant appealed (Seoul High Court 2014Na204442) on June 12, 2015.