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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the part that is additionally determined under the following two paragraphs, and thus, this Court’s explanation as to the Defendants’ assertion emphasized or added in the trial is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The gist of the Defendants’ assertion is that: (a) the Defendants agreed to waive only the claims for damages arising from the cultivation; (b) so, the Defendants’ claim for damages equivalent to the development cost of groundwater in the case of Innwon District Court Decision 2014 Ghana 1990 does not include the scope of the instant agreement and supplementary agreement; and (c) the instant agreement and supplementary agreement were concluded on the premise that the Plaintiff performed the repair work of the defects in the facilities of the storage site; and (d) the Defendants requested confirmation of the premise for the repair work of the facilities of the storage site; and thus, (e) the Defendants cannot be deemed as violating the instant agreement.
B. 1) First of all, we examine the argument (1). According to the instant agreement, the subject matter of the agreement is stipulated as “all disputes, including the filing of a civil petition against the construction works of the instant golf course and the operation of the golf course,” and Article 2-1 and 2 of the Agreed Terms and Conditions provide as “a withdrawal of all civil petitions filed by the Defendant against the Plaintiff and H” and “a promise to not file any civil petition or objection on the grounds that occurred before or after the instant dispute.” As such, the scope of the dispute subject to the agreement and the scope of the civil petition filing or objection to be prohibited is not limited to a specific scope.
In addition, the instant supplementary agreement is concluded between the Plaintiff and the Defendants on the same day as the instant agreement, and Article 1 of the instant supplementary agreement provides that the date of payment for the amount of KRW 60,000,000 is “golf course” from October 31, 2012.