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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 8, 2009, the Plaintiff filed a lawsuit against the Defendant for damages claim based on the following content as the District Court Decision 2009Gahap11805 (hereinafter referred to as the “Li Government District Court”)
“The Plaintiff entered into a contract for the clinical processing with the Dental Chief Co., Ltd. (hereinafter “Dental Chief”). On September 22, 2008 and October 16, 2008, on the front of the factory of Down-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnamcheon-do, the Plaintiff loaded the original parts of the removal from office (hereinafter “the original parts of this case”). However, on the wind that the Dental Chief neglected the duty to keep the original parts of this case, fire occurred and all of the original parts of this case were destroyed. Accordingly, the Defendant is a joint and several surety under the contract for the above Dental Chief, and is obliged to pay the Plaintiff the damages for the damages arising from the loss of the original parts of this case and the damages for delay.”
B. On May 12, 2011, the above court rendered a judgment that “the Defendant shall pay the Plaintiff KRW 653,085,975, and any delay delay damages therefrom, as damages for damage caused by the breakdown of the instant headquarters,” and both the Defendant and the Plaintiff appealed, and the appeal case was continued by the Seoul High Court as Seoul High Court No. 2011 or 4386.
C. However, around July 25, 201, before the date of pleading of the above appellate case, the plaintiff and the defendant agreed to the following agreement:
E. AD:
The plaintiff withdraws the above lawsuit, and the defendant agrees thereto.
The plaintiff and the defendant shall not perform any act, such as the assertion or claim of a new right for any reason in relation to the claim for damages.
The defendant shall pay 400,000,000 won to the plaintiff on the day when three years have elapsed since the date when the agreement in this case was concluded.
According to the agreement of this case, the Plaintiff entered the loan amount of KRW 400,00,00 from the Defendant as of July 21, 201 and the loan certificate as of July 20, 201 and July 21, 201.