1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On November 1, 2011, the Defendant: (a) contracted with the Plaintiff for C Extension Corporation located B (hereinafter “instant construction”); and (b) requested the Plaintiff to pay KRW 149,625,807 to the Plaintiff the remainder of the construction work after completing the instant construction work.

B. On May 24, 2012, the Plaintiff sent to the Defendant a written notification stating that “The instant balance of the construction works is KRW 102,550,470, and there is a part of non-construction and non-performance among the construction works of this case.”

C. After that agreement was reached between the Plaintiff and the Defendant on the settlement of the construction balance of this case, the Plaintiff paid KRW 102,550,470 to the Defendant on June 1, 2012, and upon the Plaintiff’s request, the Defendant prepared and delivered to the Plaintiff the “Receipt” (Evidence 3-1) stating the phrase “I will receive the above amount as the payment of the construction balance of this case. No objection is raised after this objection is raised, such as the civil and criminal charges,” and the accompanying documents thereof, which read as the “Receipt” (Evidence 3-1) and the accompanying documents, stating that “The above non-construction and non-performance part of the first issue of the Plaintiff are not liable to the Defendant due to the construction cost agreed between the Plaintiff and the Defendant (102,550,470 won).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 6, Eul Nos. 2 and 3 (including each number), the purport of the whole pleadings

2. The defendant's defense prior to the merits stated in the reply that "any objection or claim is not presented to the defendant with respect to the instant construction work, and the defendant is not entitled to claim the remainder of the construction work in connection with the instant construction work." (Article 5 of the Answer), which seems to constitute an assertion of non-appeal agreement.

The plaintiff's judgment on the ground of the claim is 8.90,00 won due to the non-execution of the construction work of this case, and the construction cost excessively 18.