A. On June 5, 2017, the Plaintiff (former: D Company) entered into a subcontract (hereinafter “instant construction contract”) with the Defendant to set the construction period as from June 5, 2017 to November 30, 2017 with respect to the construction of machinery and equipment (hereinafter “instant construction”) among private capital inducement projects for the development of resting facilities, and issued a contract guarantee with the Defendant as KRW 29 million on June 8, 2017.

B. On December 5, 2017, the Plaintiff notified the Defendant of the waiver of construction works, and the Defendant notified the E-Mutual Aid Association (hereinafter “Mutual Aid Association”) on December 7, 2017 of the Plaintiff’s waiver of construction works and the non-performance of the contract.

C. On December 9, 2017, the Plaintiff drafted a letter of waiver of construction work with the purport that “I will not raise any objection to the relevant laws, such as the Fair Transactions in Subcontracting Act, and civil and criminal matters, as I cannot perform the instant construction work any longer due to the Plaintiff’s circumstances,” to the Defendant.

The Plaintiff and the Defendant initially settled the contract amount of KRW 1,32,100,000 from the first 2,090,000 on the same day to the KRW 1,332,10,000, and drafted a settlement agreement on the subcontract under which the parties shall confirm the progress payment and pay the unpaid amount as follows (hereinafter “instant agreement”).

B F G H

E. On December 19, 2017, the Defendant filed a claim for the contract deposit with the Financial Cooperative on the ground that “the Plaintiff notified the Plaintiff that it did not wish to pay KRW 230 million that it would pay to I, and made an agreement on the settlement of accounts in good faith.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant would not impose any responsibility on the Plaintiff with respect to the instant construction project at the time of the preparation of the instant agreement, and the instant construction contract is concluded.