beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.In addition, the following shall be added to the 8th sentence below that of the first instance court:
As the Plaintiff’s claim against the Plaintiff and the Defendant is the cause of claim under the agreement dated May 26, 2009 between the Plaintiff and the Defendant (hereinafter “instant agreement”), it does not affect the res judicata effect of the previous lawsuit, and ② the Defendant’s agreement to pay KRW 183,00,00 to the Plaintiff, C, and F in return for the acquisition of the right of delivery, that is, the right to operate the HR, TB, and HD gold type, does not mean the person entitled to ownership of the instant gold type, but rather means that the obligee shall be paid to the obligee if the obligee is specified in order to avoid the risk of double payment, so long as C loses the lawsuit seeking the payment of the remaining balance against the Defendant, the obligee became final and conclusive, and ③ the Defendant’s agreement to pay the said agreed amount to the Plaintiff or C does not have any obligation to pay the Plaintiff the said agreed amount to the Plaintiff, which is contrary to the good faith principle. Therefore, the Defendant asserts that the Defendant is also obligated to pay the said agreed amount to the Plaintiff.
However, as seen earlier, even according to the instant agreement, which is the cause of the Plaintiff’s claim, in a prior lawsuit, as long as the Plaintiff lost the Plaintiff in the lawsuit with C, the Defendant is not obligated to pay the remainder of the penalty to the Plaintiff. As such, res judicata effect of the prior lawsuit shall also extend to this case. Meanwhile, the following circumstances, i.e., the Plaintiff may be acknowledged by considering the overall purport of the pleadings in the written evidence Nos. 3, 4, and 3, i.e., the following circumstances.