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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a successful bidder, and C was a successful bidder operated by the plaintiff.
The defendant is C's children.
B. Around May 2016, the Plaintiff organized and operated a successful bidder with C, etc., and the payment amount per capita was a condition under which a total of 17 times the payment amount is paid from May 13, 2016 to September 13, 2017.
C. On May 13, 2016, upon C’s request on May 13, 2016, the Plaintiff paid KRW 60 million out of the fraternity paid in advance by C.
C was awarded a successful bid at the successful bidder on July 14, 2016, and the Plaintiff paid C the remainder of KRW 26 million, excluding the remainder of KRW 60 million, which was paid in advance at C’s limit of KRW 86 million.
C The deposit amount of KRW 6 million per month from August 2016 to November 2016, but did not pay the deposit amount from December 2016.
E. On January 15, 2017, C paid to the Plaintiff KRW 2.5 million out of the deposit amount of KRW 6 million in December 2016.
F. On September 20, 2017, C drafted a notarial deed stating that the sum of KRW 57,50,000 (60,000,000 for 10 minutes from December 2, 2016 to September 2017 - KRW 2.5 million paid on January 15, 2017) shall be paid to the Plaintiff.
G. Meanwhile, on May 18, 2016, C transferred KRW 41 million to the Defendant, one of his or her children.
[Ground] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 3-1, Eul evidence 3-3, the purport of the whole pleadings
2. The Defendant asserts to the effect that the instant lawsuit is unlawful, since C agreed to withdraw the lawsuit against the Defendant by means of a written statement prepared by C on March 15, 2017.
According to the evidence No. 3-2, it is recognized that C, on March 15, 2017, promised to pay to the Plaintiff KRW 57,500,000,000, and written a written statement demanding the withdrawal of the instant lawsuit against the Defendant.
However, the plaintiff consented to the withdrawal of the lawsuit on the above letter.