The part against the defendant in the judgment of the first instance shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

3...

1. Basic facts

A. The Plaintiff is a company established for the purpose of building aesthetic construction, waterproof construction, etc., and the Defendant is a company established for the purpose of marine leisure sport business, real estate leasing business, etc.

B. On October 24, 2014, the Plaintiff concluded a contract with the Defendant for damp-style construction (including value-added tax) from among the new construction works of the JHG in Busan, Busan, for the period from October 24, 2014 to December 30, 2014, with the construction cost of KRW 376,200,00 (including value-added tax) and from October 24, 2014 to December 30, 2014, and D guaranteed the Defendant’s obligation to pay the construction cost.

C. On June 3, 2015, the Plaintiff filed a lawsuit against the Defendant, D, etc. seeking the payment of the said construction cost.

(B) On March 2, 2016, the Plaintiff and the Defendant agreed that “The Defendant shall pay the Plaintiff KRW 63,000,000 to the construction cost, etc.” (hereinafter “instant agreement”) on March 22, 2016, when the said lawsuit was pending, the Plaintiff and the Defendant agreed that “after this agreement, the said lawsuit shall be immediately withdrawn and all remaining claims relating to the instant construction contract shall be waived, including the remaining construction, etc.” (hereinafter “instant agreement”). Accordingly, the Plaintiff withdrawn the said lawsuit on April 21, 2016.

Meanwhile, the Plaintiff filed a lawsuit against the Defendant seeking reimbursement of KRW 93,50,000 on November 13, 2014, KRW 20,000,000, KRW 20,000 on November 14, 2014, and KRW 93,50,000 on November 19, 2014, on behalf of the Defendant, by asserting that he/she remitted KRW 93,50,000 to the Plaintiff on behalf of the Defendant, and that he/she received KRW 93,50,000 on behalf of the Defendant, but the said judgment became final and conclusive by declaring that he/she dismissed the claim by D.

D) Accordingly, D filed an application with the Plaintiff for a payment order claiming payment of KRW 93,500,000 as unjust enrichment return and its delay damages (Seoul District Court Decision 2019 tea2780), and received the same payment order from the above court on May 21, 2019.