1. The judgment of the court of first instance is modified as follows.

The defendant's vice branch court of the Daegu District Court against the plaintiff.

1. Basic facts

A. On January 7, 2013, the Plaintiff entered into a construction contract (hereinafter referred to as the “instant construction contract”) with the Defendant with the content that “the Plaintiff would enter into the contract with the Defendant for the construction and remodelling of the elevator (hereinafter referred to as “instant elevator”) located in the five-story building located in the Daegu-gu building owned by the Plaintiff (hereinafter “instant building”) during the construction period from January 7, 2013 to March 9, 2013, setting the construction cost of KRW 75 million (excluding surtax) and the construction period from January 7, 2013 to March 9, 2013.

B. On June 25, 2013, the Plaintiff and the Defendant’s father F (hereinafter “Defendant, etc.”) failed to comply with the construction period in relation to the instant construction contract, and the instant elevator was not operated due to the failure to pay the elevator construction cost to G, which is an elevator supplier, and the instant elevator was defective. The Plaintiff filed a lawsuit seeking damages against the Defendant, etc. on the grounds that there was defect in the instant elevator.

Accordingly, on August 27, 2013, the Defendant, etc. filed a counterclaim against the Plaintiff, asserting that “the Defendant, etc. failed to receive the payment of the remainder of the construction work from the Plaintiff even after completing the said construction work,” and filed a counterclaim against the Plaintiff seeking payment of the construction cost under the same court Order 2013Ga242

(hereinafter the above principal lawsuit and counterclaim together are referred to as “the previous lawsuit of this case”).

After that, on December 5, 2014, the conciliation date of the previous litigation of this case, the following contents were concluded between the Plaintiff and the Defendant, etc.:

(A) Evidence No. 1-1, hereinafter referred to as “instant conciliation”) 1. A

The Defendants (hereinafter referred to as “Defendant, etc.”) shall, until December 24, 2014, issue to the Plaintiff (Counterclaim Defendant) the key of G elevator (hereinafter referred to as “instant elevator”) installed in the fifth floor building located in the Daegu-gu E-gu, Daegu-gu, to the Plaintiff (Counterclaim Defendant), attach an emergency call device, and take measures to enable the said elevator to be operated upon completion inspection.

B. Upon completion of the above measure, the Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff).