1. The Defendants jointly and severally liable to the Plaintiff KRW 107,361,614 and Defendant B Co., Ltd. with respect thereto from February 9, 2019.

1. Determination on the cause of the claim

A. 1) On November 1, 201, the Plaintiff, Defendant B, and Defendant C entered into an agreement on the selection of aggregate for sand production and supply with the business place of sand production on November 1, 201, which was established in the said business place. 2) Since then, the Plaintiff and the Defendants (Defendant C is the actual operator of the Defendant Company, and Defendant C was actually closed down, and Defendant C was added to the new party thereto) agreed to move the business place to F. In order to transfer the place of business to the Dansan-gun.

3) Meanwhile, around August 31, 2012, the Plaintiff and the Defendants agreed that the Defendants jointly pay KRW 107,361,614, out of the amount of KRW 131,848,560 paid by the Plaintiff from June 15, 2012 to August 4, 2012 (hereinafter “instant agreement”).

(3) [Judgment of the court below] No. 1 of this case

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the agreed amount of KRW 107,361,614, barring any special circumstance.

The plaintiff's assertion is justified.

2. Determination as to the defendants' defense

A. The Defendants asserted that the instant agreement is null and void as an unfair juristic act, or that it is void due to the Plaintiff’s declaration of intent by coercion. However, the evidence submitted by the Defendants, including the descriptions and images of the evidence Nos. 1, 2-1 through 6, 2-2, and 3, is insufficient to recognize it, and there is no other evidence to acknowledge it.

The defendants' assertion cannot be accepted.

B. In addition, the Defendant Company asserts that the claim based on the instant agreement has expired for a short term of three years as a claim for construction price under Article 163 subparag. 3 of the Civil Act, but Article 163 subparag. 3 of the Civil Act is applicable.