1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. A. Around June 20, 2016, the Defendant drafted a construction contract agreement with B, and with respect to the construction of a new building C in the petition-gu Seoul (hereinafter “instant construction”) that the Defendant gave the contract amount of KRW 274,000,000 to B at the time of Cheongju-si.

The Defendant paid KRW 410,00,000 to B in relation to the instant construction work from June 14, 2016 to March 31, 2017.

B. The Plaintiff supplied ready-mixed to be used in the instant construction at the request of B from July 30, 2016 to March 17, 2017.

On March 14, 2017, the Plaintiff expressed to the effect that the Plaintiff would refuse the additional supply of ready-mixed on the ground of the unpaid payment. The Defendant paid KRW 15,786,770 to the Plaintiff up to the time.

On March 17, 2017, the Plaintiff additionally supplied ready-mixeds equivalent to KRW 4,305,180 at the construction site of this case.

(hereinafter referred to as the “instant ready-mixed”). C. The instant ready-mixed supplied (hereinafter referred to as the “this case”).

In relation to the instant construction project, the Defendant filed a complaint against B in fraud, and around May 18, 2017, B entered into an agreement on the execution of construction works (hereinafter referred to as “instant agreement”) with the Defendant on the following terms and conditions during the investigation process:

Around June 20, 2017, the Defendant withdraws the accusation against B pursuant to the instant agreement, and the amount of KRW 7,000,000 on June 21, 2017, as well as the amount of KRW 7,000 on June 2017.

7.7.23,00,000 won in total, 30,000,000 won to B.

Agreement on Performance of Construction Works

1. As to the instant construction and remodelling works, mutual agreement is reached in KRW 130,000,000.

2. B, who is the contractor, the contractor, agrees that the contractor A(hereinafter referred to as the “Defendant”) should end up the matter concerning the physical list of the construction works set out separately by the contractor A(hereinafter referred to as the “Defendant”) and that no objection or further part of the construction work will be friened after the completion of the inadequate construction work.

(all labor costs and material costs)

3. The cost of architectural design shall be the period during which the defendant directly pays to (D Company E).

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