1. The plaintiff's claim is dismissed.

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

1. On January 4, 2016, the Plaintiff accepted a subcontract for the design cost of KRW 26,000,000, and completed the said construction from the Defendant, among the construction works for the new construction of multi-family houses on the land outside Yongcheon-si and three parcels (hereinafter “instant construction works”).

On May 23, 2016, the Defendant drafted a settlement agreement stating that “The remainder of the construction price against the Defendant shall be paid KRW 179,000,000,000 between the building owner of the said multi-family house and the building owner of the said multi-family house and the building agent, and A shall pay KRW 39,00,000 until May 30, 2016, and A shall pay KRW 10,000,000 on June 20, 2016, and KRW 40,000 on July 10, 2016.”

On July 9, 2016, when the Plaintiff was not paid the construction cost of this case by the Defendant, it was submitted a letter of payment from the above A to the effect that “A shall pay KRW 20,000,000,000, out of the construction cost incurred in connection with the instant construction project by July 31, 2016.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff's receipt of the above payment note from A was a joint and several guarantee scheme for the defendant's obligation for the construction payment of this case, and that the defendant's obligation was not exempted.

3. In light of the following circumstances, it is reasonable to view that the Plaintiff exempted the Defendant from the obligation to pay the construction price of this case by receiving a written notice of payment from A, in light of the above facts acknowledged as the facts of the judgment and the witness C’s testimony.

As the Plaintiff did not receive the construction cost of the instant case from the Defendant, it started a direct consultation with the project owner A, who was the dynamics of the project owner, and agreed to reduce the construction cost of the instant case from KRW 26,000,000 to KRW 20,000.

A paid the construction cost of this case in this Court, and the Defendant stated that it is no longer obligated to pay the construction cost of this case.