1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning for the court’s explanation on this part of the facts is as follows: (a) on the ground of the reasoning of the judgment of the court of first instance, the statement of “1. Basic Facts” is the same as the statement of “1. Basic Facts” in addition to correcting “criminal agreement amount” under the 5th of the judgment of the court of first instance as “agreement amount.”

2. The gist of the Plaintiff’s assertion was that the Defendant, as his agent, concluded the instant agreement with the Plaintiff by designating F as his agent, and thereafter, the Plaintiff was paid KRW 170 million from the Defendant’s side as the reimbursement of the instant agreed amount.

Therefore, the defendant is obligated to pay to the plaintiff KRW 230 million, which is the balance of the contract amount of this case, and damages for delay.

3. Whether the lawsuit of this case is legitimate

A. In cases where the authenticity of a disposal document is recognized, it shall be objectively interpreted that the parties expressed their intent in accordance with the language and text stated in the disposal document, barring special circumstances.

(see, e.g., Supreme Court Decision 2009Da102452, Oct. 13, 2011). In addition, in cases where an agreement not to file a lawsuit is reached with respect to a specific right or legal relationship even if a dispute arises with respect to a specific right or legal relationship (hereinafter referred to as “agreement to file a lawsuit”), the lawsuit in violation of the agreement is unlawful

(see, e.g., Supreme Court Decision 2011Da80449, Nov. 28, 2013). (B)

In full view of the statements in Eul evidence Nos. 3, 6, and 8, the plaintiff submitted to the first instance court of the relevant criminal procedure a written agreement that "the plaintiff received most of the damages from the defendant, as the plaintiff was promised to compensate the remainder of the damages from the defendant, and only agreed with the defendant, so it shall not be held liable for any civil or criminal liability later, and the defendant does not want to be punished." The plaintiff thereafter submitted a written agreement that "the plaintiff is sentenced to imprisonment of one year and six months in the first instance court of the criminal procedure, and around August 22, 2008, the plaintiff is sentenced to imprisonment of one year and six months in the above first instance court of the criminal procedure."