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. Judgment on the plaintiff's defense prior to the merits

A. The Plaintiff’s assertion and the Defendant agreed to withdraw the appeal after the judgment of the first instance court, and thus, the Defendant’s appeal should be dismissed as there is no interest in the appeal.

B. Determination 1) Where the parties have agreed to withdraw an appeal but the withdrawal of the appeal is not submitted, the other party may assert it as a defense. In this case, the appellate court considers that there is no interest in the appeal (see, e.g., Supreme Court Decision 2017Da21411, May 30, 2018). According to the respective descriptions and arguments in Articles 38 through 41, the Plaintiff and the Defendant drafted a letter of commitment (Evidence A 39) on April 2, 2019, and the main contents thereof are to pay KRW 750,000,000 to the Plaintiff. ② The Defendant prepared the letter of commitment and distributed shares to the Plaintiff and the Defendant 70:30,000,000,000 won as the principal agent of the instant lawsuit, and ③ the Plaintiff and the Defendant’s new letter of commitment to implement the project as the principal agent of the Plaintiff and the Defendant’s shares to the Plaintiff on April 30, 2019.

According to the above facts of recognition, it is reasonable to view that the plaintiff and the defendant agreed to withdraw the appeal of this case.