2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a person who operates landscaping business and landscaping material business under the trade name of “C,” and the Defendant is a person who operates a golf practice range and ancillary facilities in the trade name of “E” in Yeongdeungpo-gu, Young-si.

B. As of April 18, 2009, the Plaintiff prepared “Par 39 Hale and its Green Development Project Agreement” with the Defendant as between April 18, 2009, the contract amount for E was KRW 165 million (including value-added tax; hereinafter the same shall apply), and the construction period was from April 18, 2009 to June 30, 2009, and implemented the Green Development Project for E’s Foreign Golf Practice (hereinafter the “instant Construction Project”).

C. On September 7, 2009, the Plaintiff and the Defendant drafted the “Agreement on Amendment to the Contract for the Construction Work,” and changed the construction period of the instant construction from April 18, 2009 to September 15, 2009, and the contract amount of KRW 220 million to the Plaintiff. The Defendant paid the instant construction price of KRW 246,40 million in total to the Plaintiff.

[Ground] Facts without dispute, Eul Nos. 1, 4 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s actual owner and operator of the Defendant’s assertion is F, and the Plaintiff, as the introduction of G, was performing various landscaping projects requested by F from around 1997. Around 2008, F, upon having accepted the Defendant, requested the Plaintiff to perform the construction works for the chemical improvement. On April 2009, F, while settling down and paying the construction cost later to the Plaintiff, the Plaintiff requested the Plaintiff to perform the construction works for the full-scale repair of the green, the maintenance and repair works for the players’ exclusive use, the carper, the carper, the players’ rest area, and the construction works for a wood farm (hereinafter “B Green Construction Works”).

Accordingly, on April 10, 2009, the Plaintiff prepared a written estimate for the above project (1.29,404,000 won) and submitted it to F. In accordance with F’s consent and instruction, the Plaintiff completed the construction project on October 2009. The Defendant paid only KRW 275,000,000 to the Plaintiff out of the construction cost under the said written estimate.