1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 20, 201, the Plaintiff entered into a contract with A (hereinafter “A”) for the new construction of the HCCP plant (hereinafter “instant construction”) by determining the construction cost as KRW 2.442 million.

On February 13, 2012, the Plaintiff and the Defendant concluded a contract with the Plaintiff that the Defendant would receive from the Plaintiff the consent of the factory, painting, and the construction cost of KRW 29 million during the said construction, and on March 15, 2012, the Defendant concluded a contract with the Plaintiff that the Defendant would receive from the Plaintiff a contract with the Plaintiff for the 198 million construction cost of the freezing part of the said construction (hereinafter referred to as “each of the instant contracts”) and completed each of the said construction works (hereinafter referred to as “each of the instant contracts”).

On the other hand, A and B entered into a joint and several guarantee agreement with the Defendant that, if the Plaintiff did not pay the construction cost under each of the instant contracts to the Defendant, A and B shall pay the construction cost to the Defendant.

B. The Defendant filed a lawsuit against the Plaintiff, A, and B seeking construction cost under each of the instant contracts with the Seoul Southern District Court Decision 2012Gahap19162, and on June 20, 2013, the Defendant rendered a judgment that “the Plaintiff, A, and B jointly and severally with the Defendant KRW 193,200,000,000 and the amount calculated by the rate of 20% per annum from October 24, 2012 to the date of full payment” (hereinafter “instant judgment”), and the instant judgment became final and conclusive on July 13, 2013.

C. On July 18, 2013, the Defendant drafted the first written agreement between the Plaintiff and the Plaintiff, and the Defendant waives the remainder of claims based on the instant judgment, excluding KRW 40 million, and waives compulsory execution based on the instant judgment. On September 20, 2013, the Defendant agreed to receive KRW 20 million out of the total amount of KRW 40 million, and the remainder of KRW 20 million from the Plaintiff on February 28, 2014 (hereinafter “the first agreement”).