1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On November 25, 2016, the Plaintiff lent to the Defendant the amount of KRW 20 million as of April 25, 2017, with the due date set as of April 25, 2017. On January 11, 2017, the Plaintiff determined and lent the amount of KRW 5 million as of April 11, 2017.

(hereinafter “each of the instant loans”). (b)

On March 30, 2018, the Plaintiff filed a criminal complaint against the Defendant regarding each of the instant loans, and on March 30, 2018, the Plaintiff and the Defendant attended the Daejeon District Prosecutors’ Office and drafted a written agreement on each of the instant loans (hereinafter “instant agreement”).

On April 16, 2018, the Defendant first pays 5 million won to the Plaintiff by April 16, 2018, and agreed on the condition that the remainder shall be paid 3.5 million won per month on the 16th day of each month. Upon receipt of the deposit of KRW 5 million on April 16, 2018, the complainant, the previous civil procedure, which is in progress, was all withdrawn, and all the Plaintiff and the Defendant agreed not to file a civil complaint any more later.

C. On April 10, 2018, the Defendant paid KRW 5 million to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 14 evidence (including satisfy number), Eul 3, 8, 9 evidence, and the purport of the whole pleadings

2. Determination as to the existence of an agreement to withdraw a lawsuit

A. The parties' assertion, etc. (1) The defendant prepared the instant agreement containing the withdrawal agreement with the plaintiff, and thus, the plaintiff's lawsuit of this case is unlawful since it violated the withdrawal agreement, and is therefore unlawful.

(2) As to this, the Plaintiff asserts to the effect that the instant agreement was merely a criminal case agreement, and that it did not intend to withdraw the lawsuit of civil procedure of this case, such as failing to properly understand the meaning of the phrase, etc. that “not raising a civil criminal objection” at the time of the preparation of the instant agreement.

B. Comprehensively taking account of the description of evidence No. 8 and the purport of the entire pleadings, the Plaintiff is present at the Daejeon District Prosecutors' Office and is investigated by the Defendant.