1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. From the Defendant, the Plaintiff leased the subway No. 6 Station C Underground Commercial Building D (hereinafter “instant commercial building”) to interior interior interior interior interior interior interior interior interior. A dispute arose between the Plaintiff and the Defendant by asserting the right to the instant commercial building, which entered into a separate lease agreement with the Defendant and the Defendant.

B. On October 18, 2017, the Defendant delegated F with the authority to agree with the Plaintiff to resolve the said dispute.

Around April 2, 2018, F representing the Defendant agreed with the Plaintiff that “the Plaintiff received an agreement from the Defendant and leaves the shopping district of this case” (hereinafter “instant agreement”) and received KRW 100 million from the Defendant under the pretext of the agreement to be paid to the Plaintiff.

C. Around April 2018, the Plaintiff received KRW 75 million from F under the pretext of a mutual agreement, and removed from the instant commercial building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 4, and 5, Eul evidence Nos. 1, 4, and 5, part of the witness F of this court, the purport of the whole pleadings

2. The plaintiff asserts that the agreement amount set forth in the agreement in this case is 10 million won. Since the plaintiff received 75 million won through F, the defendant is obligated to pay the remaining amount of 25 million won to the plaintiff.

In this regard, the defendant asserts that the agreed amount stipulated in the agreement of this case is 77 million won. The defendant paid 75 million won after deducting 2 million won for damages due to the plaintiff's non-performance of obligation. Thus, the agreed amount to be additionally paid to the plaintiff is not remaining.

3. Determination

A. In light of the following circumstances, it is reasonable to view that the Plaintiff and the Defendant set the agreed amount as KRW 100 million according to the instant agreement in light of the evidence and the facts of recognition, which are revealed by the amount of the agreed amount 10 million.

Contrary to this, the statements of evidence Nos. 2, 6, and 7 and some testimony of witness F are made.