1. Basic facts

A. On July 2009, the Plaintiff concluded a contract on the part of air-conditioning facilities (hereinafter “instant construction contract”) among the new construction works of “C-paid senior facilities” (hereinafter “instant senior facilities”) to be built by the Defendant on the ground B of Gyeonggi-gu, 2009, and the main contents thereof are as follows.

Hours of construction: From July 20, 2009 to October 30, 2009: 1,951,400,000 won (including value-added tax): 1/1,000

B. On April 23, 2010, the Defendant prepared a letter of agreement that the Plaintiff would pay KRW 500,000,000 (excluding value-added tax) out of the construction cost of KRW 900,000,000 (excluding value-added tax) that was not paid until that time to the Plaintiff, until December 31, 2010 (hereinafter “instant letter of agreement”), and the Defendant paid the Plaintiff the construction cost of KRW 423,00,000,000 (including value-added tax) in total from July 16, 2010 to July 24, 2012.

C. On October 5, 2010, Jinjin Plus Co., Ltd. (hereinafter “Seoul Plus”) supplied the pumps among the instant facilities filed a claim against the Plaintiff for the payment of the unpaid amount of KRW 83,60,000 with the Busan District Court Decision 2010Kahap18648, which is the amount equivalent to KRW 83,60,000,000. As to the claim, the Plaintiff sought a return of KRW 125,40,000 and the total amount of the down payment and the intermediate payment paid to Jin Plus, as well as the removal and taking of the pumps.

On August 11, 2011, the above court dismissed the main lawsuit and rendered a judgment to partially accept the counterclaim (limited to the part demanding the payment of damages for delay calculated at the rate of 20% per annum exceeding the interest calculated at the rate of 5% per annum for the above KRW 125,40,000). The above judgment appealed as Busan High Court Decision 201Na6687, but on July 18, 2012. < Amended by Presidential Decree No. 23588, Jul. 18, 2012>