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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who actually operated C Co., Ltd. (hereinafter “C”), and the Plaintiff is a person who was in a de facto marital relationship with the Defendant.
B. On January 30, 2009, the Plaintiff delivered KRW 100 million to the Defendant by cashier’s checks, and on the same day, the Defendant deposited the above KRW 100 million to the company bank account under the name of the Defendant.
C. On November 6, 2015, the Plaintiff’s mother D and the Defendant had a civil and criminal dispute over several occasions in relation to the operation of C, and the Plaintiff, the Defendant and the Defendant agreed that the Defendant would no longer file a civil and criminal dispute with the Plaintiff on the condition that the Plaintiff would pay the Plaintiff the amount of KRW 1,050,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,0000,0000,000,000,000,000
Name: D Name A: The above-mentioned B was agreed upon on November 6, 2015, and thus the same person subsequently promises not to commit any civil or criminal act. If the above-mentioned commitment is not fulfilled, any civil or criminal claim will be accepted.
On the other hand, on November 6, 2015, the Plaintiff’s agent E and the Defendant’s agent F prepared a statement of performance of the first implementation of the instant case, and additionally prepared a statement of performance (hereinafter “instant statement of performance”) with the following contents as well as the statement of performance:
Implementation angle A: E (D, A’s Agent): F (B’s Agent) above and B: As to November 6, 2015:
1. Eul shall prepare a written statement concerning facts and truth with respect to G-related litigation under progress A, give testimony to a court as a witness, and actively cooperate with the court without concealing the facts.
2. The criminal and civil proceedings of Gap and Eul currently in progress will no longer proceed.
3. All of these notes shall be subject to Section D and A’s agent E and B.