1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 25, 2016, the Defendant entered into a contract for construction works between B Co., Ltd. (hereinafter “B”) and C Co., Ltd. (hereinafter “B”) with respect to construction period (hereinafter “instant construction works”) up to August 30, 2017, with the construction amount of KRW 5,115,00,000 (including value-added tax).

(2) On June 20, 2017, upon the request of Section B, the Defendant agreed to cancel the instant construction contract with B on June 20, 2017, with the effect that “B waives the instant construction right and all rights, etc., and confirmed that there is no balance of the construction cost of the instant construction project with the Defendant, and does not thereafter raise any objection thereto.”

(hereinafter “instant agreement”). Specific details of the instant agreement are as shown in the attached Form.

B On the same day, B drafted and delivered to the Defendant a letter of waiver of construction to the effect that “All civil and criminal responsibilities arising from the waiver of the instant construction work shall be assumed in B to assume the responsibility and shall not thereafter raise any objection.”

The Plaintiff, as a company holding the claim against B for the purchase price of goods of KRW 205,837,673 against B, was issued by the court of September 4, 2017, a seizure and collection order as to KRW 205,837,673 among the claim for the construction price of this case against B against the Defendant.

(A) According to the Plaintiff’s assertion of the purport of the entire pleadings, Article 7 of the instant construction contract, B receives total of KRW 2,301,750,000 until completion of the 3rd floor foundation construction work on the ground, and receives KRW 511,50,000 when completion of the 5th floor foundation construction work on the ground after completion of the 5th floor foundation construction work on the ground.

B Even before the completion of the instant construction work, the Defendant completed the 5th floor structural frame on the ground, but the 3th floor structural frame from the Defendant.