The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.

Expenses for appeal shall be borne by the defendant (Counterclaim plaintiff).

the purport and purpose of the claim;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 25, 2016, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant who received an order for D remodeling construction works ordered by Jindo-gun as to the construction period for the said construction works (hereinafter “instant construction works”) from August 25, 2016 to October 20, 2016, with the construction cost of KRW 385,000 (including value added tax).

B. The Plaintiff completed the instant construction on December 16, 2016, and thereafter, on January 24, 2017, the Plaintiff calculated construction volume, material cost, labor cost, expenses, etc. from January 12, 2017 to January 14, 2017 between the Defendant and the Defendant and the Defendant at KRW 440,00,000 (including value added tax) in the first instance court, contrary to the first instance court, stated that the Defendant did not include value added in KRW 40,000 of the instant agreement on the date of the first instance trial (written preparations prepared on June 15, 2020). This part is without dispute between the parties.

B. The agreement was made to pay the volume settlement agreement (hereinafter referred to as “instant agreement”) containing the following contents:

Inasmuch as the agreement was reached in full with the agreed amount of KRW 400 million (supply A) on the basis of the settlement details above, I would like to waive all rights to the agreement thereafter, give up all civil and criminal lawsuits and not raise any objection for any reason, and sign and seal this agreement as evidence.

(c)

The Defendant paid to the Plaintiff totaling KRW 394,554,700 as the construction cost of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and 6 (which include various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the principal claim, the Defendant has already paid the Plaintiff the construction cost of KRW 440,000,000 under the instant agreement, barring any special circumstance.