A. From May 2018, the Plaintiff leased construction machinery to the construction site that the Defendant performed, but the Defendant unpaid some of the costs.

B. Around June 2020, the Defendant issued and delivered a written confirmation to the Plaintiff that the Plaintiff would settle the unpaid amount of KRW 73,795,550, and the unpaid amount of KRW 51,010,350, and KRW 48,179,900, among the above construction sites, with respect to KRW 73,795,550, and the unpaid amount of KRW 51,010,350.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the total amount of 172,985,800 won (=73,795,550 won 51,010,350 won) and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 4, 2020 to the date of full payment, according to the plaintiff's claim, as to the purport of the claim of this case and the application for modification of the cause of the claim of this case, as claimed by the plaintiff.

(1) In light of the purport of the conciliation date and the entire pleadings of this case, the contents of the above written confirmation are agreed to pay the remaining value of the relevant lake, and thus it is possible to pay the outstanding amount for the payment of the final unpaid amount, and does not immediately mean that the obligation to pay the previous unpaid amount is extinguished due to payment in kind. (2) The Plaintiff stated in the purport of the claim of this case and the written application for the alteration of the cause of the claim that the payment of the unpaid amount should be made from the day after the delivery of the copy of the complaint to the day after the date of the delivery of the original complaint, but in light of the changed cause of the claim, it is deemed that the Plaintiff is seeking the unpaid amount pursuant to the settlement agreement based on the above written confirmation, and thus, the Plaintiff’s claim