The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. cite the basic facts of the judgment of the first instance, which cited, in accordance with the main sentence of Article 420 of the Civil Procedure Act;

E. The part is that “the Plaintiff paid 830 million won in cash to the Defendant under the instant agreement for additional construction works.”

2. Defenses before the merits;

A. The defendant promised that the plaintiff will not file a civil or criminal objection against the defendant in the future for any reason, such as defects (including lawsuits), and that this constitutes an agreement to file a lawsuit, and thus, the plaintiff's claim against the defendant in this case should be dismissed as an unlawful lawsuit against the principle of trust and good faith.

B. In the case of a juristic act in which interests between the parties are extreme according to its interpretation, there is a possibility of opposing arguments regarding the interpretation of the parties' intentions because it is unclear, and furthermore, it is difficult to interpret the parties' intentions objectively and reasonably or clearly by an act expressed outside, the existence of such an agreement is no choice but to be denied, deeming it as passive.

In addition, even if the party, who is the subject of rights and obligations, has an agreement on a lawsuit between the parties with respect to a specific legal relationship that the party can dispose of, and it must be valid as to the circumstances anticipated by each party at the time of the agreement

(see, e.g., Supreme Court Decision 2017Da217151, Aug. 14, 2019). C.

According to the statement No. 15-1 of the evidence No. 15, the plaintiff's performance assurance that the plaintiff prepared and delivered to the defendant on March 17, 2016, and the representative N of the plaintiff and N of the plaintiff and the actual ownerO have raised objection against the defendant in the future for any reason, such as defects (including lawsuits).