1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 19, 2008, the Plaintiff and the Defendant settled the Defendant’s debt amount, such as the existing promissory note payments and the borrowed money, with a total of KRW 199,435,600, and written a loan certificate and a written statement of performance (hereinafter “written statement of performance of this case”) that the Defendant would repay the said amount by May 30, 2010.

B. On July 16, 2014, the Defendant transferred 51% of the automobile maintenance business sector and shares in the automobile maintenance business sector, among the businesses of Co., Ltd., the representative director, to the Plaintiff at KRW 450 million.

(hereinafter “instant transfer/acquisition agreement”). C.

The Defendant filed a lawsuit against the Plaintiff to seek payment of the transfer price under the instant transfer/acquisition agreement with the court 2017Gahap11910, and argued that the Plaintiff should pay the remainder of KRW 300 million since the Defendant agreed to settle the Defendant’s existing debt to the Plaintiff at KRW 150 million and deduct it from the transfer price of KRW 450 million.

However, at the time of the transfer agreement between the Plaintiff and the Defendant, the said court determined the Defendant’s existing obligation to the Plaintiff as KRW 175 million and decided to deduct the remainder of the transfer price from the transfer price. The court rendered a judgment dismissing the claim on November 8, 2017 by recognizing that the Plaintiff paid all the Defendant, and the said judgment became final and conclusive as dismissal of appeal.

(hereinafter “Prior Case”). [Case] without a dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant is liable to pay 199,435,600 won, which is the amount set forth in the letter of performance of this case, and damages for delay.

B. Even though it is not bound by the facts recognized in the judgment of other civil cases, etc. in the judgment of civil court, the facts already established in the relevant civil case are valuable evidence unless there are special circumstances.