1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. On June 9, 2006, the Plaintiff filed a claim for damages against Sungdong Shipbuilding Marine Co., Ltd. with this court 2006Gahap49043, and paid 1,075,000 won of stamp value according to the value of the subject matter of the lawsuit to the Defendant. On November 2, 2006, the Plaintiff extended the purport of the claim on November 2, 2006, and paid 34,480,000 won of stamp value, and 41,674,000 won of stamp value, respectively, while expanding the purport of the claim on March 3, 2007.

B. The instant case No. 2006Gahap49043 was concluded on December 7, 2007 between the parties.

C. On December 12, 2007, the Grade 31 of the Court delivered the notice of payment to the Plaintiff’s legal representative in the instant case No. 2006Gahap49043, Dec. 12, 2007 (each of the above documents reached the Plaintiff’s legal representative on December 17, 2007), each of which was given notice of payment, including the authentic copy of the protocol of mediation, the reasons for refund of the suit, and the refund amount (each of the above documents reached the Plaintiff’s legal representative on December 17, 2007). The “written confirmation of refund and refund amount” of the above case No. 2006Gahap49043, the Court stated that “(a) amount paid”: 1,075,000 won for the instant case: the refund amount established, the refund amount refunded, 537,500 won for the refund, and the phrase “the notice of payment of stamp amount” can be refunded.

On May 21, 2013, the Plaintiff filed a claim for refund of stamp value (the amount claimed to KRW 537,500) and was refunded from the Defendant on May 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, 10 evidence, Eul evidence 2 (including provisional number), the purport of the whole pleadings

2. As to the legitimacy of the part of the claim for the confirmation of the existence of the claim for the refund of stamp amount among the instant lawsuit, the Plaintiff was entitled to the claim for the refund of stamp amount with the amount of KRW 38,07,00 calculated by deducting KRW 537,50 from the total stamp amount of KRW 77,229,000, 1/2, 38,614,500, and the total stamp amount of KRW 537,500 from the first instance court. (=38,614,500 - 537,500).