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. On March 23, 2016, the Plaintiff filed a criminal complaint against C with the effect that “C, even if C did not have any intent or ability to repay money, by deceiving the Plaintiff to raise its profits if it borrowed money to operate a business, and by deceiving the Plaintiff to obtain money from March 11, 2016 to March 17, 2016, including KRW 28,355,00.”

B. On April 11, 2016, the Plaintiff agreed to receive payment of KRW 18,00,000,000, out of KRW 28,000,000 from the Defendant, who is the wife of C, for the said fraud damage amounting to KRW 28,00,000, May 10, 2016; KRW 5,000,000 on June 10, 2016; KRW 5,000,000 on July 10, 2016; and KRW 3,00,000,000 on August 10, 206 (hereinafter referred to as the “instant agreement”); and on the same day, the Plaintiff did not want to receive full payment from C; and accordingly, the Plaintiff did not want to receive full payment of KRW 28,00,00,00 obtained from C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay 18,000,000 won and damages for delay pursuant to the agreement of this case to the plaintiff.

B. Defendant’s assertion 1) The Plaintiff returned the money received pursuant to the instant agreement to the Defendant, and expressed his intent to punish C to an investigative agency. The Defendant received the said money from the Plaintiff and did not raise any objection. As such, the instant agreement was implicitly rescinded. 2) Since the Plaintiff forced the Defendant to enter into the instant agreement without being aware of the fact that it was fraudulent from C, the instant agreement is null and void in violation of Articles 103 and 104 of the Civil Act.

3. The fact that the defendant agreed to pay KRW 18,00,000 to the plaintiff according to the agreement of this case is as seen earlier.

In order to cancel a contract, it is called the offer and acceptance of the contract as it is generally established.