1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for this part of this Court’s reasoning are as follows, and the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance, except for the use of the fourth 7-11 of the judgment of the court of first instance as follows. As such, this Court shall accept

“2) The Defendant intended to pay the amount under the F’s above calculation report (hereinafter “the instant calculation report”), but the Plaintiff refused to receive the said money, and deposited KRW 91,274,736, and value-added tax as to the settlement amount of construction price on May 23, 2014 at the Gunsan District Court Branch of the Jeonju District Court, the Plaintiff as the principal deposit, respectively, on June 30, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5 (including the case of additional number; hereinafter the same shall apply), Eul 1 through 4, and 14, the purport of the whole pleadings and arguments

2. Determination as to the legitimacy of the instant lawsuit

A. As seen in the basic facts, the validity of the Plaintiff and the Parties to the instant conciliation agreement is stated as “the Plaintiff and the Parties shall not raise any objection to civil, criminal, or administrative matters after the agreement.” As such, this case’s lawsuit is examined as to whether it violates the non-committee agreement between the parties to the instant conciliation agreement and is unlawful.

The agreement to bring an action is permissible when it is limited to a specific legal relationship within the scope of the right of disposal by the parties to the agreement, and shall be effective for such conditions as may be anticipated at the time of the agreement.

(see, e.g., Supreme Court Decision 201Da467, Oct. 13, 201). Considering the following circumstances acknowledged by each description of evidence Nos. 4, 6, 7, 10 through 13, 27, and No. 2, 2, 3, and 11, the Plaintiff and the Defendant agreed with F to confirm the construction cost arising from the settlement of the instant landscaped construction work as the amount subsequently appraised by F and not to file a lawsuit or raise an objection, and barring any special circumstance, the agreement on such action is valid, and the instant case was filed against it.