A. On September 26, 2016, the Plaintiff and the Defendant concluded a contract with the Defendant concluding a contract for the construction of multiple houses (hereinafter “instant construction”) to the Plaintiff as follows:

The construction site: The construction cost from September 12, 2016 to January 30, 2017: The construction cost shall be KRW 363 million; the advance payment shall be KRW 360,000,000,000 for each type of work; and the progress payment shall be paid in cash and the remainder 20% shall be paid within 10 days after completion (within 10 days after completion of construction agreed by the original Defendant).

B. At the time of completion of the instant construction, the Plaintiff and the Defendant agreed on the discontinuance of construction, and drafted a written agreement on September 6, 2017.

C. On November 10, 2017, the Defendant obtained approval for the use of a collective building newly constructed at the said construction site (hereinafter “instant building”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 8, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff seeking the payment of the unpaid construction cost under the settlement agreement.

According to the settlement agreement, it can be acknowledged that the original defendant agreed to pay the settlement amount of the Plaintiff's flag work in installments within 4.5 million won prior to the dissolution, 20 million won after the dissolution, and 10 days from the date of approval for the use of the building of this case. The fact that the approval for the use of the building of this case was made on November 10, 2017 is as seen earlier, and the Plaintiff was paid KRW 10.5 million out of the said money.

According to the above facts, barring any other special circumstances, the defendant is obligated to pay to the plaintiff the remainder of the construction cost under the settlement agreement (=45 million won - 10.5 million won) and damages for delay.

B. The main point of the Defendant’s argument and judgment is that the Plaintiff did not perform its obligations under Paragraph 3 of the Settlement Agreement.