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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the claim for the price of goods
A. In full view of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), the plaintiff is obligated to pay to the plaintiff 10,052,668 won (i.e., 106,218,178 won) and damages for delay thereof (hereinafter referred to as "claim No. 106,834,490 won), as of May 31, 2011, for the following reasons: (a) the defendant is obligated to pay to the plaintiff 10,052,668 won (i.e., 106,218,178 won, 3,834,490 won), barring special circumstances.
B. On the part of the Defendant’s argument, the Defendant asserted that there does not exist any Plaintiff’s claim for the purchase price of goods since the settlement of credit and obligation between the Plaintiff and the Defendant was completed on May 23, 2011. In full view of the overall purport of the pleadings in each of the entries in the evidence Nos. 1 through 4, the Plaintiff and the Defendant settled the existing claim and obligation on May 23, 2011 between the Plaintiff and the Defendant, and accordingly, the Plaintiff agreed to pay to the Defendant a total of KRW 272,00,000 (i.e., KRW 20,000,000 delivery agency fee of KRW 20,000,000) until May 30, 2011, the Plaintiff provided the Defendant with the patent right owned by the Plaintiff as security for transfer (hereinafter “instant settlement agreement”).
Since Eul can be recognized, it is reasonable to view that claims, such as the price of goods, were extinguished due to the above settlement of accounts.
The defendant's above assertion is with merit.
On May 23, 201, the Plaintiff asserted that the above settlement agreement has no effect since it omitted claims, such as the price of the instant goods, at the time of settlement.
Although the plaintiff's assertion on this part is not clear, the contents of the settlement agreement of this case are remarkably unfair and unfair even if it is selected as a ground for invalidation or cancellation.
The Plaintiff entered into the instant settlement agreement by mistake.