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

A. On December 31, 2013, Defendant Penenna Co., Ltd. (hereinafter “Defendant Penna case”) entered into a subcontract (hereinafter “instant subcontract”) with the new owner of the Defendant Co., Ltd. (hereinafter “new owner”) on the terms and conditions that the Defendant would receive landscaping planting and installation works among B apartment landscaping works contracted by the Korea Land and Housing Corporation (hereinafter “instant landscaping works”); the construction period from December 31, 2013 to September 5, 2014 in the case of landscaping facilities and planting works; and from September 6, 2014 in the case of landscaping planting and maintenance works, from September 5, 2016 to September 5, 2016, the contract amount is KRW 1,210,00,000 (no advance payment was made); and the contract amount is directly paid to the owner).

B. On May 3, 2014, the Plaintiff concluded a construction contract (hereinafter “the instant construction contract”) with Defendant U.N. on the condition that the construction works of landscaping facilities among the instant landscaping works (hereinafter “instant construction works”) shall be performed by setting the contract amount of KRW 610,00,000 and the construction period from May 2, 2014 to September 2, 2014 under the joint and several guarantee of Defendant U.N. C Co. (a corporation that the Plaintiff establishes and operates D, the Plaintiff’s wife, as its representative director; hereinafter “Nonindicted Company”).

C. After January 27, 2015, Defendant Penna entered into a subcontract (hereinafter “instant modified contract”) with Defendant NF to the effect that: (a) landscaping planting works excluding landscaping facility installation works among the instant landscaping works; (b) construction period from June 13, 2014 to October 24, 2014 in the case of landscaping planting works; and (c) landscaping planting and maintenance works from October 25, 2014 in the case of landscaping planting and maintenance works to October 24, 2016 in the case of landscaping planting and maintenance works; (d) contract amount is 840,639,258 won (no advance payment; and completed amount is directly paid to the project owner); and (e) the subcontract is again concluded to be subcontracted (hereinafter “instant modified contract”).

The plaintiff is about KRW 481,240,000, which was settled between the defendant new and the defendant as of September 2014.