1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following "2. Defendant's defense and judgment prior to the merits", and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the

【However, Co-Defendant B of the first instance court (hereinafter “B”) which was separated from the first instance court

2. On the other hand, the Defendant waivers of the right of recourse against the Defendant in relation to the purchase of the above project site, since the Plaintiff entered into a contract for the acquisition and transfer of the above project site with E Co., Ltd. (hereinafter “E”), and agreed not to pursue and raise any civil and criminal liability against the Defendant, etc. related to the purchase of the above project site, the Defendant waivers of the right of recourse against the Defendant in relation to the purchase of the above project site. Thus, the Plaintiff’s lawsuit against the Defendant is unlawful.

According to the evidence Nos. 1, B, the Plaintiff and E, prepared between the Plaintiff and E, did not seek and raise any objection to any civil or criminal liability for all persons related to the work of the Defendant, etc. on the land after the acquisition and transfer contract.

“The facts indicated above are acknowledged, but it is not sufficient to recognize that there was an agreement between the Plaintiff and the Defendant regarding the above KRW 133,00,000, which the Plaintiff asserted to have paid to the Defendant and B in accordance with the instant service agreement, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense prior to the merits is without merit.

3. Accordingly, the part of the judgment of the court of first instance against the defendant is justified, and the plaintiff's appeal is dismissed as it is without merit.