2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 10, 2017, the Plaintiff awarded a contract to the Defendant for construction cost of KRW 5,458,000 (excluding value-added tax) for the construction work of a commercial facility C in Silung-si.

(hereinafter “instant contract”). (b)

On October 11, 2017, the Plaintiff terminated the instant contract with the Defendant as of October 11, 2017, and made an agreement between the Plaintiff and the Defendant to determine and settle the construction price for the cathos completed by the Defendant as KRW 975,00,000 (including value-added tax) (hereinafter “instant agreement”). The Plaintiff paid the Defendant the said construction price of KRW 975,00,000 to the Defendant.

[Based on recognition] A is the electronic litigation record of the instant case, but this is because the instant case was first filed as a counterclaim of the instant court 2019 Gohap54202.

Each entry of No. 5-1, 9-9, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff paid the construction cost of KRW 975,00,00 to the Defendant as stipulated in the instant agreement, but the actual construction cost according to the Defendant’s completed ratio is merely KRW 480,304,00,000, and thus, the Defendant should return the excess construction cost of KRW 494,696,00 (i.e., KRW 975,00,000 - KRW 480,304,000) to the Defendant as unjust enrichment.

3. Judgment on the main defense of this case

A. The defendant, upon entering into the agreement of this case, entered into a non-committee special agreement with respect to the contents of the agreement of this case. Thus, the lawsuit of this case is unlawful as it violates the above non-committee special agreement, and thus, it constitutes an unlawful defense.

B. In full view of the purport of the statement and the entire argument of No. 5-1 of the evidence No. 5-1, the plaintiff and the defendant confirmed that the plaintiff agreed to the agreement in this case and Paragraph 4, "the plaintiff confirmed that they agreed to the mutual agreement in relation to the agreement in this Section, and the plaintiff subsequently agreed not to raise any objection and compensation related to the contents of the agreement."