1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance referred to in paragraph (1);

1. Determination on the defense prior to the merits

A. On October 8, 2015, the Plaintiff filed the instant lawsuit against the Defendant seeking the return of the down payment of the immigration consulting contract, and on which October 8, 2015, the Plaintiff agreed that “The Defendant shall pay the Plaintiff 6,422,988 won and the amount calculated at the rate of 5% per annum from September 23, 2014 to February 4, 2015, and 20% per annum from the next day to the date of complete payment” (hereinafter “instant appeal”). The Plaintiff and the Defendant filed the instant appeal. (2) On December 19, 2015, which was the date of filing the said appeal, “The Plaintiff shall receive 6 million won as the down payment from the Defendant, and thereafter withdraw all the criminal charges related to the instant case, and shall not bring about any civil or criminal issues after the each other.” (hereinafter “instant agreement”).

3) The Defendant paid 6 million won to the Plaintiff according to the above agreement. [The fact that there is no dispute over the grounds for recognition, entry of Gap evidence No. 11, and the purport of the whole pleadings.]

B. The plaintiff asserts that the defendant's appeal of this case is unlawful, since the defendant agreed to withdraw the appeal of this case from the plaintiff after filing an appeal.

C. 1) In a case where the parties to a lawsuit have agreed to withdraw an appeal outside of a lawsuit, such agreement shall be valid and thus, the appeal shall be dismissed (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). In a case where there is a conflict of opinion on the interpretation of whether the withdrawal of appeal is included in a document prepared by both parties during the proceeding of the lawsuit, and the interpretation of the parties’ intent expressed in the document is at issue, such as the agreement to withdraw the appeal, the interpretation of the procedural acts, such as the agreement to withdraw the appeal, cannot be interpreted contrary to the indication principle and the external principle, which are expressed.