1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate from April 29, 2014 to February 10, 2015.

1. Facts of recognition;

A. The Plaintiff is the owner of a chest farm, house, etc. around the Plaintiff while carrying out the business of raising deer in Macheon-si, and the Defendant is the company that performed the construction of a drainage tank D located in Macheon-si adjacent to the Plaintiff's above house and chest farm (hereinafter referred to as "flow tank construction work") from Macheon-si.

B. On April 2012, E, the representative director of the Defendant, intended to construct the above drainage area to the Plaintiff, it must undergo F land or G land owned by the Plaintiff, which is a private road, and accordingly, requested the Plaintiff to permit the temporary use of the land owned by the Plaintiff.

C. The Plaintiff was under criminal trial on suspicion of a violation of the Mountainous Districts Management Act. However, the Defendant demanded that the Defendant pay a fine to be imposed in relation to the above violation of the Mountainous Districts Management Act, ② that the Mountainous Districts Packaging work be conducted around the access road, ③ that the Plaintiff transplants the Plaintiff’s trees around the access road to the place that the Plaintiff wishes, and that the Plaintiff grow up.

Accordingly, the defendant accepted the remainder except the above (2) and accepted it on the condition that the defendant paid 5 million won in relation to the above (2).

E. After that, on October 25, 2012, the Plaintiff transferred KRW 5 million to the Defendant at the expense of the package work for the container.

F. On the other hand, on January 16, 2014, a criminal judgment was finalized to the effect that the Plaintiff is punished by a fine of KRW 3 million in a criminal case, such as violation of the Management of Mountainous Districts Act against the Plaintiff.

G. The Plaintiff issued to the Defendant a letter of commitment to confirm that the Plaintiff will not file all civil petitions for all damages, such as trees and land, arising in connection with the above drainage work, and to not impose civil and criminal responsibilities.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 6-1 through 6, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The plaintiff's assertion (i.e., the plaintiff)