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. Grounds for a judgment of the court of first instance cited by the court of first instance are stated, and the judgment of the court of second instance is stated.

A. The part of paragraph (2) is the same as the entry in the judgment of the first instance, except as mentioned below, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. [The fact that the Plaintiff entered the instant agreement with the Plaintiff on May 13, 2015 is as seen earlier, and in view of the following circumstances that can be acknowledged by adding the entire purport of the pleadings to the above fact of recognition, the agreement was concluded between the Plaintiff and the Defendant on May 19, 2015 in the course of criminal conciliation in a case of evasion of compulsory execution, for which the Plaintiff filed a complaint with the Defendant and C, to receive KRW 15 million from the Defendant’s husband and to withdraw the complaint by June 13, 2015 (Evidence 1). The agreement was concluded to revoke the Plaintiff’s withdrawal of the complaint under the condition that the Plaintiff received KRW 30 million on June 13, 2015, on the sole basis of the fact that the Plaintiff entered his account number and name at the bottom of the instant conciliation.

The defendant's assertion is without merit, since it is insufficient to recognize that the plaintiff had induced the defendant.

① The letter of performance (Evidence A No. 4) delivered by the Defendant to the Plaintiff is merely stating that “the Defendant shall pay to the Plaintiff KRW 65 million, which is the remainder of the deposit amount of the above apartment bond against the Plaintiff in relation to D apartment 104 Dong 1904, Dong-gu, Incheon, Seo-gu, Incheon, to the Plaintiff by May 15, 202: Provided, That this letter of performance does not affect the outcome of the judgment on the revocation of the fraudulent act between the Plaintiff and the Defendant (it does not mean that the repayment period is postponed by this letter of performance at the time of winning the Plaintiff), and it does not appear that the agreement of this case added the condition that the Plaintiff should revoke the complaint against the Defendant and C.

② As the result of conciliation (Evidence B No. 1) that the Defendant’s argument appears to be supported by the conditions attached to the revocation of the complaint under the instant agreement, the Plaintiff, the Defendant, and C’s signature.