1. The plaintiff's primary claim added in the trial is dismissed.

2. Preliminary decision in the first instance.

1. Facts of recognition;

A. On January 201, 201, the Plaintiff purchased the instant goods from the non-party company that the Defendant had been the representative director in KRW 4,500,000.

On January 21, 2011, the Plaintiff remitted KRW 4,500,000 to the Bank’s deposit account (E) of the non-party company.

B. On March 7, 2011, the Plaintiff filed a complaint with the Seoul Western Police Station for embezzlement.

Around July 2011, the investigation of the complaint case, the plaintiff and the defendant made a written agreement (hereinafter referred to as "the agreement of this case") with the following contents in the presence of the main prosecutor:

On July 5, 2011, the Plaintiff revoked the above complaint.

Agreements

1. Name of complainants: A resident number: F address: Gangnam-gu Seoul Metropolitan Government contact information: H;

2. 피고소인 B, 주민등록번호 I 주소 : 경기 양평군 J빌라 C-301 연락처 : K 피고소인 본인은 본건의 四百五拾(4,500,000)원 상당의 충북 음성군 L 소재의 공장 내 필터자재를 고소인 A씨에게 물품확인 후 양도키로 한다

(No later than July 15, 201, 201). Appellants: A-B

C. However, the defendant asserted that the party to the agreement of this case is not the defendant but the non-party company and did not deliver the goods of this case to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 5, and the purport of the whole pleadings

2. Determination:

A. The plaintiff's assertion (1) The defendant is obligated to deliver the goods of this case to the plaintiff as a party to the agreement of this case.

If the above delivery obligation of the defendant is impossible, the defendant is obligated to pay to the plaintiff 4,500,000 won for damages in lieu of the performance under Article 395 of the Civil Act and damages for delay calculated at the rate of 5% per annum from July 16, 2011 to the delivery date of the original copy of the decision on the payment order of this case, and 20% per annum from the next day to the full payment date.

(2) The Defendant’s assertion that the instant agreement was reached.