1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the case where the defendant emphasizes or adds the argument as the grounds for appeal, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff and the Defendant asserted that the Plaintiff and the Defendant agreed on the completion and settlement of construction works on November 10, 2015, and agreed on each special agreement for the exemption from liability for warranty and the prohibition of offset, so the Plaintiff cannot make a counterclaim in accordance with the said agreement.

B. According to the evidence evidence No. 4, the Plaintiff and the Defendant, upon entering into a construction completion and settlement agreement on November 10, 2015, concluded an agreement to the effect that “a party who has failed to perform the above agreement assumes all civil responsibilities and does not raise any civil or criminal objection against the other party.” However, the said agreement cannot be deemed to constitute “a case where the other party expresses his/her intention” under Article 492(2) of the Civil Act, and there is no evidence to prove that there was a special agreement between the Plaintiff and the Defendant on the exemption from liability for warranty and the prohibition of offset.

Rather, there may be room to regard the above statement in the evidence No. 4 as an agreement that does not file a lawsuit even if there is a dispute over a specific right or legal relationship (the above agreement to file a lawsuit). In a case where a lawsuit is brought against the agreement to file a lawsuit, the court may determine ex officio the legality of the lawsuit.

(See Supreme Court Decision 201Da80449 Decided November 28, 2013). The agreement on the lawsuit is valid as it generates the effect of a serious litigation law, such as the waiver of the right to a trial guaranteed by the Constitution, to the parties to the lawsuit, and is relevant to the circumstances that may be anticipated at the time of the agreement. In a case where there is any disagreement on the validity or scope thereof, it shall be determined after a reasonable interpretation of the parties’ intent.

The case is returned to the case, and the plaintiff is between the defendant and the defendant.