1. The plaintiff (Counterclaim defendant)'s primary claim is dismissed.

2. The plaintiff (Counterclaim defendant).

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Defendant is a business entity that runs a medical device or a wholesale and retail business of functional health foods under the trade name of “C”.

From around 2013, the Plaintiff performed the business and accounting in the “C” operated by the Defendant.

B. During that process, the Defendant forced the Plaintiff to be held liable for embezzlement of the price of goods, etc. while performing his duties, and during that process, the Plaintiff prepared a letter of the following contents (hereinafter “instant letter”).

The above I conclude that no later than November 27, 2015, the remaining amount of 20,000 won will be repaid by November 30, 2015 with respect to the case of the KCAD branch (Center) and the case of embezzlement of public funds, and that no civil or criminal objection will be raised.

C. The Plaintiff transferred KRW 20 million to the Defendant on November 27, 2015 in accordance with the instant letter, and KRW 20 million on November 30, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) The plaintiff's assertion as to the primary claim 1) The plaintiff paid 40 million won to the defendant that he would no longer be held liable upon the preparation of the letter of this case, but the plaintiff transferred the letter to the plaintiff, the defendant, who was the plaintiff, did not have a tearing and agreement.

Ultimately, the defendant is obligated to return the amount of KRW 40 million as unjust enrichment because he/she received from the plaintiff without any agreement.

B. Each of the instant agreements is that the Plaintiff and both the Defendant agree not to raise a civil or criminal objection upon the payment of money. The Defendant is criminal liability, such as filing a complaint against the Plaintiff even after the Plaintiff paid KRW 40 million. As such, the agreement based on each of the instant agreements is revoked or invalidated, and the Defendant is paid KRW 40 million from the Plaintiff.