A. The Defendant subcontracted the said new apartment construction work to the limited partnership D (hereinafter “D”), and the E Co., Ltd. (hereinafter “E”) subcontracted the said new apartment construction work from D to the Plaintiff on July 1, 2015, after receiving a subcontract for the installation work of the said new apartment construction work (facility work and fire fighting work) among the said new apartment construction work, the Defendant subcontracted the said new apartment construction work to the Plaintiff at KRW 3,340,000 for the construction cost (hereinafter “instant construction work”).

B. While the Plaintiff was running the instant construction project, D was insolvent on August 2, 2016. Accordingly, the Defendant and E drafted a settlement agreement with the Defendant on behalf of D on August 25, 2016 that the Defendant shall pay the construction cost to E. On the same day, E renounced the instant construction project and transferred the part of the construction cost claim against the Defendant under the said settlement agreement to the Plaintiff.

C. On August 27, 2016, the Plaintiff and the Defendant drafted an agreement on the settlement of subcontract consideration, etc. for the resumption of construction (Evidence A3-1, 2, hereinafter “instant settlement agreement”) with respect to the instant construction project, and the main contents thereof are as follows.

Settlement agreement, such as subcontract consideration for the resumption of construction (related to mechanical fire fighting construction)

1. Common matters:

A. The Plaintiff’s payable to the partner (Plaintiff) is a total of KRW 585,00,000,000, and KRW 164,000,000, out of the above money, the partner waives his claim and transfers his right to the owner (Defendant) and the remaining amount shall be paid after the settlement of the completion.

(b) The project owner shall pay the remaining progress payment in person to the cooperator at the request of the project cost.

2. The remaining progress payment for construction works from the resumption of construction to the completion of construction works shall be paid at the end of the following month as at the end of the end of the construction cost upon request for the payment of construction expenses

Subcontract consideration, etc. for the resumption of construction.