1. Presumed factual basis

A. On September 30, 2013, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with respect to the construction work of newly constructing D factories (hereinafter “instant construction work”) on the land outside C and two parcels (hereinafter “instant construction work”) on the south-si, Namyang-si, the Plaintiff and the Defendant: (a) concluded an agreement with the Defendant, the contractor, and the construction period from October 1, 2013 to January 15, 2014, and the construction cost of KRW 450,000 (45,00,000,000 among value-added tax and construction cost separate; and (b) concluded an agreement with the Defendant to suspend the construction work or delay the construction cost (hereinafter “instant agreement”) by multiplying the contract price by the rate of 1,100 per day; and (c) the Plaintiff may not separately set up an agreement with the Defendant to pay the construction cost for delay if the Plaintiff did not complete the construction work by the due date.

B. The Plaintiff was unable to complete the instant construction by January 15, 2014, and was doing construction by May 17, 2014.

On June 25, 2014, the defendant obtained approval for the use of the factory of this case from the Namyang market.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-2, Gap evidence 4, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. On March 18, 2014, the Plaintiff of the Defendant’s defense prior to the merits agreed to file a lawsuit with respect to the instant construction work.

The principal lawsuit of this case is unlawful.

B. In full view of the statement No. 5-2 of the evidence No. 5-2 of the judgment, witness E’s testimony, and the purport of the entire pleadings, the Plaintiff’s judgment up to March 18, 2014 ① March 31, 2014.