1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 1, 2013, the Plaintiff, a Cridge, was paid KRW 550 million (hereinafter “acquisition price”) to the Defendant, when accepting Diplomatic Association from the Defendant, who is a member of Diplomatic Association, on which November 1, 2013, the Plaintiff agreed to pay KRW 10 million to the Defendant on the contractual date, the intermediate payment of KRW 30 million until March 15, 2014, and the remainder of KRW 195 million until May 23, 2014.

B. At the time of the above underwriting agreement, the Plaintiff agreed to pay the Defendant an additional amount of KRW 65 million (hereinafter “additional amount”) by December 31, 2014, separate from the acquisition price. In this regard, a notarial deed written in the purport of the claim (hereinafter “notarial deed of this case”) was prepared.

C. From October 6, 2014 to December 31, 2014, the Plaintiff paid a total of KRW 55 million to the Defendant on nine occasions.

The defendant was determined by the court to order the seizure and collection of the non-paid KRW 10 million (hereinafter referred to as "additional Amount payable") as the claim amount. The defendant was determined to order the seizure and collection of the claim under this court 2016TT 103823.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is as follows, compulsory execution based on the Notarial Deed should be denied for the following reasons.

(1) The Plaintiff, based on memory, paid the acquisition price to the Defendant for about seven months, and in the process, paid KRW 570 million in excess of the acquisition price by mistake.

Therefore, the plaintiff set off the claim for return of unjust enrichment equivalent to KRW 10 million out of the excess KRW 20 million and the claim for additional payment.

(2) As the Plaintiff subrogated for the Defendant’s debt KRW 10 million to E, the claim for indemnity and the claim for additional amount payable shall be offset.

B. According to the evidence Nos. 3 and 4 as to whether the acquisition price has been paid in excess, the Defendant is the letter of performance guarantee prepared in relation to the acquisition of Diplomatic Association (hereinafter “instant letter of guarantee”).