The judgment of the first instance shall be revoked.

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3.(a)

filed by this Court.

Facts of recognition

A. On September 17, 2017, the Plaintiff received a contract from the Defendant for the multi-family house project in the plane captain-gun (hereinafter “instant construction project”) as “the construction cost: 450,000,000 won (excluding value-added tax), and the construction period: From October 12, 2017 to April 12, 2018; the rate of penalty for delay: 0.1% of the contract price per day, and the warranty period: 12 months.”

(hereinafter “instant construction contract”). B.

The Plaintiff commenced construction under the instant construction contract, and implemented some additional construction works that were irrelevant to the details of the original construction among the construction drawings. On July 4, 2018, the Plaintiff completed all construction works and obtained approval for the use of the newly-built house (hereinafter “instant newly-built house”).

C. On June 2018, immediately before the completion of the instant construction project, the Plaintiff requested the Defendant to settle the remaining construction cost of KRW 96,757,130 (i.e., contract amount of KRW 450,000,000 - 46,757,130).

On June 15, 2018, the Plaintiff and the Defendant concluded a settlement agreement to pay the Plaintiff KRW 5,000,000,000 (hereinafter “instant settlement agreement”) of the total construction cost under the instant construction contract, excluding KRW 450,000,000,000 among the total construction cost (hereinafter “instant settlement agreement”). The Defendant concluded a settlement agreement to pay the Plaintiff KRW 5,00,000,000, excluding the fixed payment amount of KRW 460,000 among the total construction cost (hereinafter “instant settlement agreement”).

[The defendant's signature or seal is not attached to the defendant's name of the settlement agreement of this case (Evidence No. 7 of this case) but the defendant does not dispute that there was such settlement agreement] / [the grounds for recognition] / The facts without dispute, Gap's entries, No. 1, 4, 6, 7, and Eul's evidence No. 1, and the purport of the whole pleadings.

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay to the plaintiff the agreed amount of five million won under the instant settlement agreement and damages for delay.