A. On June 27, 2013, the Plaintiff entered into a construction participation agreement with C limited liability companies (hereinafter “C”) and D facilities construction costing to KRW 170,00,000, and the construction period from June 28, 2013 to October 20, 2013, and completed construction accordingly.

B. On December 2013, the Plaintiff filed a complaint with the Defendant and E with the Jeju Police Station, asserting that “C does not pay the construction cost under the construction participation agreement to the Plaintiff on the ground that the construction cost was paid to E”.

C. On March 4, 2014, E paid KRW 20,000 to the Plaintiff. On the same day, the Defendant and E drafted a cash custody certificate (Evidence A 1) stating that “The Defendant and E keep custody of KRW 85,000,000 due to the failure to pay the construction cost.”

The Plaintiff, Defendant, and E agree to pay KRW 20,000,000 on March 4, 2014 to the payment in cash within the period of cash storage after receiving a certificate of cash storage, and KRW 85,000,000 on March 4, 2014.

“The letter of agreement (Evidence A No. 4) has been drawn up.

E. On March 4, 2014, the Plaintiff submitted a letter of withdrawal of the complaint to the Defendant and E (Evidence A 3) to the Fulldo Police Station.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 and 6, Eul evidence 1, witness E's partial testimony, purport of whole pleadings

2. The Plaintiff asserts that the instant claim is the cause of the claim, and that the Defendant agreed to pay KRW 85,000,000 to the Plaintiff in a criminal case pertaining to the construction cost on March 4, 2014, the Plaintiff sought the payment of KRW 85,00,000 and the delay damages therefrom.

As to this, the defendant is merely signing a cash storage certificate and agreement with E, which is merely merely a nominal representative director, and the statement of E that the plaintiff would withdraw the complaint, and there is no agreement to pay 85,000,000 won to the plaintiff.