A. On April 15, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of a newly built multi-household house on the ground of Gyeonggi-gu Group C (hereinafter “instant building”) (hereinafter “instant construction contract”) under which the construction cost was KRW 710,00,000, and the construction period was fixed from April 15, 2013 to October 15, 2014 (hereinafter “instant first construction contract”).

B. On February 21, 2014, the Plaintiff entered into a construction contract with the Defendant to modify the contents of the instant primary construction contract (hereinafter “instant secondary construction contract”) with 1/1,000 from April 15, 2013 to May 30, 2014, with respect to the instant construction contract, the construction price of KRW 690,00,000, and the construction period of the instant construction contract from April 15, 2013 to May 30, 2014. The instant construction contract contains special agreements as follows:

1. Timing and methods for paying progress payments: The amount that the Defendant received from a bank as a security for the construction site shall be paid as the full amount of the Plaintiff’s construction cost, and it shall be appropriated to the Defendant’s construction cost only with the rental deposit for each household, the sales price, and the bank loans with not more than 5% per annum after the completion of the construction work, and where rental deposit and sales income accrue during the construction, it shall be appropriated

2. Interest on bank loans: The interest on loans accrued during the construction shall be borne by the plaintiff, the interest accrued after the completion of the construction shall be the monthly rent, and the interest on the shortage shall be borne by the defendant.

C. On March 18, 2015, the Defendant declared that the instant secondary construction contract will be terminated to the Plaintiff on or around March 18, 2015 due to disputes over the payment of construction cost and the progress of construction works, and the Defendant drafted a new contract with D Co., Ltd. to conclude a new contract for the instant construction project.

Since then D Co., Ltd. is within and outside of the instant construction project between E Co., Ltd. (hereinafter referred to as “E”).