1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 5, 2014, the Plaintiff entered into a contract with EP Industry Development Co., Ltd. (hereinafter “SP”) on the terms that the Plaintiff would receive a contract with the Nonparty Company for the construction work of Liberytel and neighborhood living facilities (hereinafter “instant construction work”) located in 34-100 Escopdo-dong 34-100 from the Nonparty Company for Escopdo-dong (hereinafter “SP”) by setting the construction cost of KRW 25.18 billion and the construction period from February 17, 2014 to June 17, 2016.

(hereinafter “instant contract”). (b)

On July 11, 2014, the Plaintiff, while allowing the Defendant to carry out the instant construction project, agreed to settle the instant construction project with Nonparty Company and the Defendant in a separate manner at KRW 200 million, and drafted a written agreement on the performance of the construction project with the following content:

(hereinafter “instant agreement”). 1. The Plaintiff and the non-party company agree on the part of the Corporation in connection with the instant contract, and the non-party company shall pay the amount of settlement under the other part of the Corporation to the Plaintiff by July 31, 2014, and thereafter, the Plaintiff, the Defendant, and the non-party company do not raise any civil or criminal objection among them.

2. In the event that the non-party company fails to pay the agreed settlement amount to the Plaintiff on July 31, 2014, the Defendant shall pay the amount calculated by applying 5% per annum to the Plaintiff the settlement amount and the rate of liquidated damages for delay to the Plaintiff in the first class ingredients of the non-party company.

C. The non-party company did not pay to the Plaintiff the settlement amount under the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties. The Defendant agreed to pay the Plaintiff the above KRW 200 million and damages for delay, if the Nonparty Company fails to pay the agreed settlement amount to the Plaintiff by July 31, 2014. Thus, the Defendant is obliged to pay the Plaintiff the above KRW 200 million and the damages for delay.