1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On October 20, 2012, the Defendant awarded a contract for the construction of a sports club with the owner of the relevant land (hereinafter “instant construction”) with the Plaintiff, and subcontracted the instant construction work to the Plaintiff with the cost of construction KRW 283 million (including KRW 160,000,000, KRW 123,000,000, KRW 160,000,000,000, KRW 123,000,000,000, KRW 163,000,000,000,000) (hereinafter “instant construction contract”), and the Plaintiff completed the instant construction work on December 2, 2012.

B. On December 10, 2012, the Plaintiff issued two copies of tax invoices for claim of KRW 1198 million (finite construction cost) and KRW 160 million (finite construction cost) as the person to whom the Defendant was supplied, and claimed KRW 279,80,000,000 to the Defendant, the Defendant requested reduction of the construction cost, and the Plaintiff and the Defendant agreed to reduce the construction cost as KRW 267,00,000 on December 24, 2012, and in accordance with the above agreement, the Plaintiff and the Defendant drafted a subcontract agreement on the instant construction work (Evidence 1) in accordance with the aforementioned agreement.

C. However, even after the fact that the Plaintiff did not pay the construction cost, on January 24, 2013, reported the Defendant to the Fair Trade Commission on the grounds that the Plaintiff did not pay the subcontracted construction cost, and thereafter, on February 7, 2013, the Plaintiff and the Defendant agreed on the settlement of the construction cost of the instant case (hereinafter “instant settlement agreement”) and on February 8, 2013, the Defendant paid KRW 14,2160,000 to the Plaintiff on February 8, 2013.

On February 18, 2013, the Plaintiff submitted to the Fair Trade Commission a written withdrawal (Evidence A5) stating that “The withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal to be paid. However, on July 10, 2013,

[Ground of recognition] A. A. 1 to 6 evidence, B. 1 to 3, 5.