1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person engaged in the construction business under the name of C Company and D Company, and the Defendant is a person who engages in the building waste disposal business under the trade name of “E”.

B. From July 2012 to April 2013, the Defendant disposed of the building wastes generated at the construction site that the Plaintiff performed at the Plaintiff’s request.

C. On December 6, 2014, the Plaintiff settled the remainder of the unpaid service costs at KRW 5,475,000,000, and paid the said amount to the Defendant in installments three times from January 2015 to March 201, the Plaintiff prepared a written confirmation on the remainder of the service costs (hereinafter “instant written confirmation”) stating that “The Plaintiff shall be treated as null and void at the time of a passage,” and issued it to the Defendant.

The Plaintiff failed to comply with the above written confirmation of the balance, and the Defendant applied for provisional seizure of KRW 5,475,00 for the service charges not paid as the Sungwon District Court Branch Branch 2015Kadan515, and completed provisional seizure on March 6, 2015 upon receipt of a decision of provisional seizure from the above court on the same day.

E. The Defendant filed a claim against the Plaintiff for payment order for service charges of KRW 5,475,00 and delay damages of KRW 5,475,00 with Seoul Eastern District Court Decision 201Hu37561, Nov. 15, 2016 (hereinafter “instant payment order”) and the said decision was served on the Plaintiff on November 18, 2016, and became final and conclusive on December 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff is liable to pay the plaintiff 15,075,00 won if the plaintiff confirmed in writing the total contract amount of 14.8 million won and added 275,00 won to the defendant's additional tax amount of 15,00 won. Since the plaintiff paid 15,825,00 won to the defendant, the service cost to be paid to the defendant does not remain.