1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant).

1. The plaintiff's ground for appeal citing the judgment of the court of first instance is alleged in the court of first instance.

The judgment of this court is based on the judgment of the court of first instance No. 3-A.

In addition to the following cases, a claim shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the defendant.

A. 1) The Plaintiff and the Defendant’s assertion that the instant counterclaim is unlawful on the ground that “A” in the instant declaration (Evidence 6-1 of the Evidence No. 6-1) states that “B does not have any civil or criminal objection against the defect repair or the entire construction amount and the construction details of the building,” and that there was an agreement between the Defendant and the Defendant on the partial lawsuit regarding the defect repair of the instant facilities, and thus, the instant counterclaim is unlawful.

As to this, the Defendant, at the time of the preparation of the instant promise, had a dispute arising from the construction cost, defects of buildings, delay in the completion date, etc., which had occurred between the Plaintiff and the Defendant. Upon the conclusion of the consultation, the Defendant agreed not to raise any question as to the defects that occurred until the time of the preparation of the instant promise. However, the Defendant asserted that the instant counterclaim was lawful, since the defects that were claimed through the instant counterclaim arose after the completion of the instant promise, since there was no application of the said stipulation.

2. According to the evidence No. 6-1 of the judgment of the court below, the defendant stated that the defendant's letter of this case "the defect repair, the total amount of the D construction works, and the construction records of the building" to the plaintiff, as the evidence No. 6-1 of any civil or criminal objection, but it appears that it is a clerical error.

Do not institute any question.

"The facts described in the phrase " shall be recognized."

According to the above facts of recognition, the plaintiff and the defendant should not claim the cost of repair or remuneration for the defects of each real estate listed in the separate sheet No. 1 according to the above phrases stated in the letter of commitment of this case.