A. On December 26, 2010, with respect to concrete, building, and H beam on the land other than Pyeongtaek-gun and four lots awarded a successful bid by Defendant C, Defendant C and the non-party company paid KRW 150 million with D (hereinafter “instant agreed amount”) as agreed amount (which shall be paid KRW 15 million until December 31, 2010; the remaining KRW 135 million at the time of the first intermediate payment of the above land; the sale time of the above land shall be determined by March 31, 201; and if the Plaintiff filed a lawsuit against Defendant C against the non-party 1 by the time of the first intermediate payment, the agreement shall be reached between the non-party company’s joint and several sureties and the remaining amount shall be deducted from the agreed amount to be deducted from the agreed amount to be deducted from the agreed amount to be deducted from or terminated before the completion of the lawsuit against the non-party company’s claim for return of construction machinery until the end of the lawsuit against the non-party company’s second intermediate payment.

B. On December 27, 2011, the Plaintiff filed a lawsuit against the Defendants seeking the payment of the instant agreed amount (hereinafter “instant previous lawsuit”) by asserting that D had the right to seek payment of the instant agreed amount against the Defendants based on the original payment order (No. 2011j1953, this Court), which the Plaintiff owned against D, based on the original text of the payment order (No. 201j1953) that D had against the Defendants.

C. Accordingly, the above court held on November 8, 2012; ① on the Plaintiff’s claim against Defendant C, Defendant C is obligated to pay the instant agreed amount, on the premise that Defendant C is obligated to pay the agreed amount, but that KRW 25 million among them should be deducted on the ground that this court, which is a separate related lawsuit brought by the Plaintiff against Defendant C pursuant to the content of the instant sign of agreement, has not become final and conclusive whether to accept or terminate the claim for damages, which is a separate related lawsuit brought by the Plaintiff against Defendant C.