1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant is the mother of Nonparty D, and is the owner and owner of the fourth-story detached Housing in Cheongju-si, Cheongju-si, and the Plaintiff is a construction business operator who received a supply of new construction work and performed the construction work.

B. On June 25, 2018, Cheongju District Court 2016Da117025 (Main Claim) damages case (Counterclaim) 2017Kadan108141 (Counterclaim), conciliation provisions and the conciliation provisions in the attached Table between D and the Plaintiff (hereinafter referred to as “instant conciliation provisions”). The Plaintiff (Counterclaim Defendant) of the instant conciliation is D, and the Defendant (Counterclaim Plaintiff) is the Plaintiff. The instant conciliation provisions are the Plaintiff.

C. In order to implement the instant adjustment clause(1), the Plaintiff was a tax invoice for the construction cost subject to dispute over the instant adjustment, and issued a tax invoice with the total of KRW 401,00,000, value-added tax totaling KRW 40,100,000, value-added tax amounting to KRW 441,10,000 in the name of representative of the Plaintiff and the recipient F (real estate business operator) on December 20, 2018 (hereinafter “instant tax invoice”).

According to the instant conciliation clause(2), D, at the same time upon receipt of a tax invoice, shall pay KRW 41,00,000 to the Plaintiff by December 20, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff issued the tax invoice of this case to the defendant, not D upon the request of D, and since the defendant received the tax invoice as the person supplied by the defendant, the defendant shall pay 41,000,000 won (calculated: value-added tax 40,000,000 won for delay damages) as stipulated in the mediation clause of this case as the value-added tax amount and damages for delay (value-added tax 40,000,000 won).

Dow, the Plaintiff issued the instant tax invoice to the Defendant.

Even if the defendant is not a party to the conciliation of this case, the defendant is not the defendant.