1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on this safety defense

A. Defendant’s assertion 1) On January 22, 2018, when the Plaintiff’s mother, who became aware of the relationship with Defendant C, was found in the Defendant’s workplace, prepared a letter (Evidence A1) with a promise not to bring an action or file a lawsuit against the Defendant, and thus, the instant lawsuit does not have interest in the lawsuit contrary to the agreement on the lawsuit, and is unlawful contrary to the principle of good faith or the principle of notions. 2) After the judgment of the first instance, the Defendant, following the judgment of the first instance of this case, stated that “if the Plaintiff did not intend to bring an appeal, payment of the principal and interest should be made to the Plaintiff’s legal representative by notifying the Plaintiff’s account number to be remitted, and all of the principal and interest KRW 10 million pursuant to the judgment of the first instance court on July 30, 2018 and interest KRW 200,000 are believed to have been settled only due to this, and thus, the Plaintiff’s lawsuit or the principle of notions is contrary to the principle of good faith.

B. Determination 1) First of all, it is insufficient to recognize that there was an agreement between the Plaintiff or the Plaintiff’s mother and the Defendant not to institute the instant lawsuit. There is no other evidence to acknowledge that there was an agreement between the Plaintiff or the Plaintiff’s mother and the Defendant on whether the instant lawsuit is unlawful. Unless such an agreement is reached, the circumstance alleged by the Defendant does not constitute a violation of the principle of good faith or the principle of no-competiation. Therefore, the Defendant’s defense of this case’s lawsuit is without merit. Accordingly, according to the description of evidence No. 4 as to whether the filing of the instant appeal is unlawful, it is acknowledged that the Defendant remitted the sum of KRW 10,200,000 to the Plaintiff’s account on July 30, 2018 following the pronouncement of the first instance judgment.

However, there is no evidence to acknowledge that the Plaintiff promised not to file an appeal against the Defendant when the amount under the judgment of the first instance court is paid to the Defendant, and there is no such a promise.