1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 30, 2015, the Plaintiff subcontracted the portion of the Dadra Construction and the part of the Dog River Construction (hereinafter “instant construction”) among the extension works for the Dagwon River (hereinafter “Korea Elementary School”) to a limited company (hereinafter “Korea Elementary School Construction”) and continued construction from December 4, 2015, and the Defendant served as the head of the Handra Construction site at the instant construction site.

B. On April 5, 2016, the Plaintiff completed the instant construction project, and around May 19, 2016, filed an application for a payment order seeking payment of KRW 54,875,610, which was unpaid with the Jeonju District Court 2016 tea1927, against Hanju District Court. Around that time, an order for payment for Hanra Construction was issued.

C. On June 7, 2016, the Plaintiff and Korea Construction: (a) settled the instant construction cost of KRW 33 million; (b) drafted a written agreement with the following contents (hereinafter “instant agreement”); (c) on June 10, 2016, Korea Construction paid KRW 22 million to the Plaintiff in accordance with Article 1(1) of the said agreement; (d) however, the remainder of the construction cost under Article 2(2) of the said agreement was not paid.

The plaintiff and the defendant agree on the final agreement amount of KRW 33 million (excluding value-added tax) with the settlement amount, such as wages, materials and other expenses of the construction of this case, and promise to implement the following provisions:

1. The defendant shall pay in cash the amount of 20 million won out of the agreed amount when the plaintiff issues a tax invoice.

2. The rent of five million won in the amount agreed shall be paid on July 20, 2016, and the price of materials (such as hardware, expenses, materials, etc.) eight million won in the amount agreed on August 20, 2016.

3. The claim based on the payment order order (2016.j. 1927) in the Jeonju District Court where the defendant is the debtor shall be deemed to have been repaid at the same time when the total amount of the final agreement was paid to the plaintiff.

Since then, the above demand case was implemented as the litigation procedure of Jeonju District Court 2016Kadan18137, and the plaintiff in the above lawsuit is 1,238,60 won among the materials rent and 5.