1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments;

A. On October 29, 2014, the Defendant, while retiring from the Plaintiff’s “C” of the Plaintiff’s operation, concluded a non-prosecution agreement with the Plaintiff that the Plaintiff would not subsequently file a civil or criminal lawsuit against the Plaintiff in return for receiving from the Plaintiff the transfer of the Plaintiff’s Daegu North-gu D apartment E (hereinafter “instant apartment”) that the Plaintiff purchased by borrowing the Defendant’s name during his/her employment from the Plaintiff as retirement allowance.

Since the Defendant subsequently filed a lawsuit against the Plaintiff seeking the payment of unpaid deposits and retirement allowances, the Plaintiff is obligated to pay KRW 130,000,000,000, after deducting the Plaintiff’s loan amounting to KRW 50,000 from the publicly notified price of the instant apartment from KRW 180,000,000, which is the damages for damages incurred therefrom.

The plaintiff is claiming against the defendant for the payment of KRW 31,00,000 as part of its claim and damages for delay.

B. On September 2012, when the Defendant had been in office in “C”, the apartment of this case was leased KRW 140,000,000 from a financial institution as collateral and was purchased by adding KRW 89,150,000 to KRW 89,150,00 from the F (Name G), the Plaintiff’s wife.

At the time of retirement of “C”, the Plaintiff and the Plaintiff’s wife demanded the Defendant to return KRW 89,150,000 paid in connection with the instant apartment, and the Defendant, upon consultation with the Plaintiff, concluded a non-committee agreement with the Plaintiff that the Defendant would not thereafter bring any lawsuit against each other.

However, in the above case, the Plaintiff brought a lawsuit seeking the payment of a loan against the Defendant in the F’s name, thereby failing to reach an agreement on the lawsuit first. A voluntary mediation was established between F and the Defendant, which requires the Defendant to pay F the amount of KRW 39,000,000 out of the claimed amount, and thus, the agreement on the lawsuit is implied.