1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Basic Facts

On March 24, 2008, the Plaintiff and the Defendant made an agreement regarding the Plaintiff’s accusation case against C (hereinafter “related criminal case”) including the following (hereinafter “instant agreement”)

(A) The defendant shall pay to the plaintiff KRW 20 million with the agreement amount of the relevant criminal case, and among which KRW 20 million shall be paid to the plaintiff by April 30, 2018, KRW 30 million by May 30, 2008, and KRW 170 million by May 30, 2008, and KRW 5 million by the last day of every month from June 34, 2008.

The Plaintiff confirmed that the Defendant created the right to collateral security with the obligee and the maximum debt amount of KRW 200 million against the land and building owned by the Defendant. If the Defendant pays KRW 50 million until May 30, 2008, the Plaintiff cooperates in changing the maximum debt amount of the said right to collateral security to KRW 170 million.

If the defendant fails to pay the unpaid amount in excess of the above KRW 170 million for at least one month, 1% of the interest calculated on the unpaid amount shall be paid, and if the defendant fails to pay the unpaid amount for at least two months, he/she may immediately file an application for voluntary auction based on the right to collateral security with the remainder.

The Defendant paid each of the above agreed amounts of KRW 220 million to the Plaintiff (hereinafter “the agreed amount”) on April 30, 2008, KRW 20 million, and KRW 30 million on May 30, 2008.

[Ground of recognition] In light of the above facts without any dispute, Gap evidence 1, Gap evidence 2-1, and 2-2, the purport of the entire pleadings, and the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of KRW 170 million, excluding the amount of KRW 50 million already paid out of the amount of KRW 220 million under the agreement of this case, and damages for delay.

The defendant's assertion is believed to believe that "the amount of damage to the plaintiff in a related criminal case is KRW 220 million and the detained C may be released if the agreement in this case is reached," and that the plaintiff wants.