1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

1. The first instance court dismissed the plaintiff's main claim and the defendant's counterclaim respectively. Accordingly, since the plaintiff appealeds against the main claim only, the scope of the judgment of this court is limited to the part of the plaintiff's main claim.

2. Basic facts

A. On May 24, 2012, the Plaintiff and D entered into a multi-household housing construction contract where D wishes to construct multi-household housing with the construction cost of KRW 45 million (2.7 million per square meter per square meter per contract) on the ground on the land owned by Cheongju-si, Cheongju-si (hereinafter “instant land”).

B. On October 17, 2012, the Plaintiff and D entered into an amendment contract for the said construction contract. The content of the contract was 435 million won in total, from October 17, 2012 to December 31, 2012, and the down payment is 50 million won on the same day, and the first intermediate payment is 100 million won after the completion of the construction, and the second intermediate payment is 100 million won after the completion of the construction, and the third intermediate payment is 70 million won in total, and the remainder is 15 million won in total and paid within 60 days after the completion of the construction.

C. D discontinued the construction while continuing the construction, and demanded the Plaintiff to pay the construction cost for its flag portion.

Around February 8, 2013, the Defendant agreed to settle D and the above construction cost as the Plaintiff’s agent (hereinafter “instant agreement”) at KRW 175 million (hereinafter “instant agreement”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4, 20 evidence, testimony of witness D of the first instance court, purport of whole pleadings

3. The plaintiff's assertion ① KRW 175 million between the plaintiff and D is unilaterally determined by the defendant regardless of the plaintiff's intent, and the amount to be paid to D is merely KRW 138,895,500 if D calculated at a 31.93% high-quality rate of the part constructed, which is merely KRW 138,895,500, and thus, the difference between the above amount is equivalent to KRW 36,104,500.