A. On July 7, 2011, the Plaintiff concluded a construction contract with the Defendant for the construction of the multi-family house with the fourth floor (the detached house; hereinafter “instant building”) on the land in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant construction”) with the construction cost of KRW 370,00,000 for the construction cost of the instant construction work (the construction cost of KRW 37,000,000 for the first (the construction permit of the first), KRW 74,000 for the first (the construction permit of the first), KRW 11,00,000 for the second completion payment (the completion of the structural construction), KRW 74,00,000 for the third completion payment (the commencement of the interior construction), and KRW 74,00,000 for the fourth completion payment (the completion of approval for the use), and the construction period of KRW 74,00,000 for the first construction period to the Defendant within six months from the commencement date.

B. After obtaining a construction permit on August 12, 201, the Defendant started the instant construction work on or around the 19th of the same month, and thereafter, on December 16, 2011, a written agreement in which the Plaintiff and the Defendant entered into between the Plaintiff and the Defendant on December 16, 201, including the Plaintiff’s delay of the instant construction work and the Plaintiff’s failure to pay the construction cost agreed upon according to the construction process. According to the said written agreement, the Defendant agreed to complete the instant construction work until March 10, 2012, and pay KRW 1 million per day as compensation for delay, and instead, the Plaintiff agreed to pay KRW 60,000,000 as security deposit after completing the instant construction work.

C. The Defendant completed the instant construction on May 17, 2012.

On September 12, 2012, the Defendant asserted against the Plaintiff that the unpaid construction cost reaches KRW 72,00,000 by the Ulsan District Court Decision 2012Da30143, the Defendant filed a lawsuit claiming payment of the said amount, and then filed an application for provisional seizure of real estate against the instant building that was owned by the Plaintiff after the completion of the instant construction work, and received a decision to accept the said application by the said court on September 24, 2012.

E. On December 7, 2012, the lawsuit filed by the Defendant against the Plaintiff for the claim for construction cost.