1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 5, 2010, the Plaintiff entered into a contract between the Plaintiff and B and C (hereinafter “instant gas filling station”) with the gas filling stations on the ground of B, C, and Suwonwon Line D (hereinafter “instant gas filling stations”).

) New construction works (hereinafter “instant construction works”)

(2) The Plaintiff completed the instant construction and delivered the instant gas charging station B and C as completed. The Plaintiff completed the construction and delivered the instant construction to B and C.

B. On November 8, 2010, the Plaintiff entered into a modified contract and settlement agreement with B and C to reduce the construction cost of the instant contract by KRW 38.5 million and to revise and settle the contract amount to KRW 8.6.5 million. On the same day, Plaintiff, B, C, and E are referred to as the “instant agreement,” and the said agreement is referred to as the “instant agreement,” and the said agreement is referred to as the “instant agreement.”

was drawn up.

1. The Plaintiff, B, C, and E have concluded an agreement to settle the contract construction cost settlement from the original contract amount to 38,500,000 won, and the payment of all the accounts payable to the Plaintiff, including the accounts payable, among the construction cost that the Plaintiff shall pay, will be entirely responsible for B, C, and E.

2. The Plaintiff shall refund to B, C, and E the balance of the construction cost of KRW 86.5 million, which was already received from B, C, and E in relation to the above agreement, 74 million, out of the balance of liquidation.

5. After completion of the implementation of paragraph 2, each of the above-mentioned construction costs, even if each of the above-mentioned enterprises requests the Plaintiff to pay the unpaid construction costs, the Plaintiff is not liable to pay for any of the reasons, and shall be dealt with pursuant to paragraph 1.

6. The Plaintiff, B, C, and E shall carry out the implementation of each of the above paragraphs with good faith and shall be a person who has not carried out all monetary and criminal matters arising out of non-performance.