1. The plaintiff's claim is dismissed.

2. With respect to the case of application for the suspension of compulsory execution by this Court 2016 Chicago2109, November 2016

1. Facts of recognition;

A. On August 2, 2012, the Defendant filed a lawsuit against the Plaintiff stating that “the Plaintiff shall pay to the Defendant 50,926,000 won and 20,926,000 won among them, 6% per annum from December 30, 201 to August 10, 201, 200 per annum 20% per annum from the next day to the date of full payment, 30,000 won per annum 20% per annum from August 11, 2012 to the date of full payment.”

(Seoul District Court 2012Kadan40315, hereinafter “instant prior case”), and the Defendant filed a complaint against the Plaintiff as a crime of fraud, stating that “If the Plaintiff entered into a contract with KRW 3,000 at KRW 9,00,000, the Plaintiff would have cultivated without delay and would have cultivated it until December 31, 201, by false means, acquire KRW 14 million from the Defendant.”

(No. 2012 District Prosecutors' Office No. 15974, hereinafter "the case of accusation in this case")

B. In the preceding case of this case, on May 10, 201, the Defendant and the Defendant sold to the Defendant a free sale amount of approximately KRW 30 million, which the Plaintiff cultivated and cultivated on the land of approximately 90,000 square meters after being provided with seeds and fertilizers without permission from the Defendant, at KRW 30,000,000, but the down payment of KRW 9,000,000 on December 31, 201 shall be paid on the date of the contract, the remainder of KRW 21,00,000 on the date of the contract, and until December 31, 201, when the harvest period was delivered to the Defendant, the Defendant shipped without permission to the Defendant under his own management, and then the Defendant shipped out the amount paid to the Defendant when the Plaintiff failed to perform the contract, and then the Plaintiff waivers the amount paid to the Defendant, and compensate for losses of three times

AB concluded the agreement.

According to the above contract, the Defendant paid the Plaintiff KRW 9 million on May 1, 201, KRW 1 million on August 13, 2011, KRW 15 million on August 13, 201, and KRW 5 million on December 30, 201, and provided non-seeds and fertilizers equivalent to KRW 5,926,00.

However, unlike the agreement that the Plaintiff would grow free of charge at approximately nine parcels, the Plaintiff cultivated approximately approximately KRW 6,000 square meters, and did not deliver to the Defendant until December 31, 201.