1. The plaintiff's claim is dismissed.

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

1. The facts of recognition (1) Construction Co., Ltd. (hereinafter “Shee Construction”) is the contractor of the B apartment 1 and 2 apartment complexes (B) ordered by Dou Construction Co., Ltd. (hereinafter “Shee Construction”), and the Defendant (which was the first company, but was changed to Samok Construction Co., Ltd., on December 9, 2013) is the subcontractor of the Dou Construction Co., Ltd. (hereinafter “instant subcontracted construction”).

(2) From June 8, 2012 to September 9, 2012, the Plaintiff (the Plaintiff is running the petroleum sales business in the name of “D” in Yangju-si) sold transit equivalent to KRW 240,748,015 (the Defendant used the subcontracted work in this case) to the Defendant, and the Defendant paid the Plaintiff KRW 60,00,000 as oil price.

(3) On February 8, 2013, Shee Construction and the Defendant drafted a written agreement on the settlement of subcontracting. The main cooling purpose is “Shee Construction shall pay 180,748,015 won directly to the Plaintiff, and the remainder shall be liable to the Defendant (Paragraph 9). According to the said agreement, the Defendant does not raise any civil or criminal objection regarding the instant subcontracted project, and withdraws from it (Paragraph 10).”

(4) On February 8, 2013, Shee Construction and the Plaintiff drafted a written agreement, the main contents of which include “The Plaintiff waives KRW 180,748,015, which the Defendant did not pay with respect to the instant subcontracted project (Article 2). Shee Construction pays KRW 54,20,00 to the Plaintiff according to this agreement (Article 3). The Plaintiff promised not to file any civil or criminal objection with respect to the instant subcontracted project (Article 4(1)3).”

Shee Construction paid KRW 54,200,000 to the Plaintiff on February 8, 2013 according to the above agreement.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, Eul 1, 2, 5-11.