1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the “Written Settlement of this case” of the first instance judgment No. 6 No. 1 shall be deemed as the “Written Settlement of this case”; and (b) the Defendant’s assertion newly established or emphasized by the court of first instance shall be deemed as indicated in the reasoning of the first instance judgment, except for an additional determination as to the assertion that was newly established or emphasized by the court of first instance pursuant to

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. The Defendant, through the Defendant, borrowed KRW 50 million from Nonparty E on October 30, 2014 from Nonparty E, and KRW 50 million on November 3, 2014 from Nonparty E, but did not repay it, and the Defendant paid KRW 50 million on behalf of the Plaintiff on May 25, 2017, and thus, the Defendant may claim for reimbursement against the Plaintiff.

Therefore, this argument argues to the effect that it offsets the plaintiff's claim by its automatic claim.

According to the purport of evidence Nos. 23 and 24 and the purport of the argument before the pleading, the plaintiff filed a separate lawsuit against the defendant as Suwon District Court 2017Kadan532795, and the defendant sought the payment of the transaction amount to be paid to the plaintiff, including the above amount of KRW 50 million paid from the non-party E, from the transaction amount to be paid to the plaintiff. In the first instance court of the above separate lawsuit, on November 1, 2019, the defendant issued a judgment that the plaintiff deducted KRW 100 million from the amount payable to the plaintiff and paid damages for delay from August 1, 2015. Accordingly, the above separate lawsuit held that the defendant should pay damages for delay of the unpaid amount of KRW 50 million, which is the remainder of the unpaid amount after deducting the above amount of claims by the plaintiff.

Therefore, the above automatic claim.