1. The claim against Defendant C among the instant lawsuit is dismissed.

2. Defendant B shall pay to the Plaintiff KRW 150,740,000 and this shall apply.

1. Basic facts

A. Defendant B contracted the construction of a new E-dong neighborhood living facility on the land outside Jongno-gu Seoul, Jongno-gu, and four parcels to KS comprehensive construction. On November 30, 2012, on behalf of the Plaintiff, who was represented by Hanbu Corporation (hereinafter “ Hanbu Corporation”) around November 30, 2012, contracted the construction of reinforced concrete (hereinafter “instant construction”) in the said construction cost of KRW 612 million.

B. Since December 2012, Defendant B performed construction work directly from around December 2012, and the construction cost was insufficient on April 2013, Defendant B agreed to re-transfer the owner to Defendant B once the construction work is completed on the condition that the owner would change the owner.

C. On August 18, 2013, Korea Construction Corporation and the Defendants drafted a written agreement stating that “The construction cost to be paid by Defendant B shall be KRW 345 million, and the construction cost to be paid by Defendant C shall be KRW 269 million, but the said payment obligation shall be both succeeded by Defendant B and Defendant C shall not be subject to an absolute civil or criminal lawsuit for any reason, such as the construction cost and personnel expenses (hereinafter “instant agreement”).

On the other hand, on August 27, 2013, the Plaintiff signed and delivered to the Defendants a letter of performance stating that “The remaining debt of Defendant C has been succeeded to Defendant B, and the Defendant C shall not thereafter file any claim and civil or criminal objection” (hereinafter “instant letter of performance”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As the Plaintiff’s assertion in Defendant C, as the instant written agreement and the written statement of performance, agreed to file a civil or criminal complaint with Defendant C, and thus, the instant lawsuit was unlawful as it was filed in violation of the said written claim.