1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 16, 2010, the Plaintiff contracted to C Co., Ltd. the Defendant’s operation with the amount of KRW 638,000,000 for the cost of construction of neighborhood living facilities and new housing located in the Female-gun, Gyeonggi-do.

Until November 9, 2010, the Plaintiff paid C Co., Ltd. the construction cost of KRW 150,000,000,000. At that time, C Co., Ltd. had performed construction work equivalent to KRW 68,266,00 for progress payment and suspended construction work arbitrarily.

The Plaintiff guaranteed the obligation to lease construction materials to E Co., Ltd., but subrogated for KRW 17,500,000 to E Co., Ltd.

B. On June 21, 2013, the Plaintiff filed a lawsuit against C Co., Ltd. for the return of unjust enrichment and the claim for reimbursement against C Co., Ltd. in excess of the aforementioned amount, and was sentenced by this court on June 21, 2013 to the effect that “C Co., Ltd. shall pay to the Plaintiff the amount of KRW 99,234,00 (=68,266,000 - KRW 17,500,000) and damages for delay.” The above judgment was finalized on July 18, 2013.

(Seoul Eastern District Court 201Gahap19513). (c)

Notwithstanding the above civil judgment, the Plaintiff filed a complaint against the Defendant on charges of fraud as it did not receive money from C Co., Ltd.; on May 27, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months at the Seosan Branch of the Daejeon District Court for criminal fraud and detained in the court.

Daejeon District Court Decision 2015Kadan940). D.

On June 27, 2016, after filing an appeal against the above criminal judgment, the Defendant prepared a letter of performance stating that “I will first pay KRW 20,000,000 to the Defendant and then will pay KRW 20,000 each year by the end of each year” (hereinafter “written statement of execution of this case”) at the Daejeon Prison, and signed and sealed the Defendant’s obstacle.

The defendant's East F recorded the plaintiff's statement of the execution of this case, sent it to the plaintiff's mobile phone, and signed the withdrawal of the complaint to the plaintiff. However, the plaintiff was the defendant.