1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff filed a lawsuit against the defendant for a loan claim with the Changwon District Court Decision 2005Na34084, Oct. 21, 2005, "the defendant shall pay 10,000,000 won to the plaintiff and 30% interest per annum from July 31, 2003 to the date of full payment." The above judgment became final and conclusive on November 22, 2005 (hereinafter "the judgment of this case") (hereinafter "the judgment of this case"). The plaintiff received 664,343 won, and D 2,985,333 won in the Changwon District Court's distribution case with the Changwon District Court on May 29, 2007, and received 664,343 won, D 2,985, and 2333 won, respectively, in accordance with the above judgment.

(c)

The Plaintiff filed a lawsuit against the Defendant for a loan claim against Changwon District Court Decision 2015 Masan District Court Decision 2015 Gau 10360, and claimed repayment of the claim pursuant to the instant judgment, but withdrawn the said lawsuit on May 30, 2016.

(d)

The Plaintiff filed a lawsuit against the Defendant for a gold suit with the Changwon District Court Branch Decision 2017 Ghana 5621, but withdrawn the said lawsuit on July 20, 2017.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the instant lawsuit for which the Plaintiff’s summary of the Defendant’s defense sought payment of principal and delayed damages to the Defendant, the Defendant, upon receiving the amount of KRW 7.5 million agreed on May 16, 2016, and agreed on the conclusion of the instant case No. 10360, the Changwon District Court Msan Branch Branch 2015, the Defendant asserted that the instant lawsuit was in violation of the aforementioned agreement and against the foregoing agreement.

B. 1) Determination 1) If the parties agree to withdraw a lawsuit that entails compromise under substantive law and the parties have received the performance, but institute a suit as the cause of the claim, the second suit must be deemed to be in violation of the above withdrawal agreement.

2) The facts as seen earlier and the Eul evidence No. 3, the testimony of the witness E at the trial, and the F Bank G branch office of this Court.