On June 2012, the Defendant decided to establish “F”, which is an emission management company, on the second floor, Gunsan-si E, and met the Plaintiff, who is a ter, as his wife C.

On June 20, 2012, the Plaintiff and the Defendant: (a) visited “I”, a franchise of the same type of business located in the H located in Seo-gu, Seo-gu, Gwangju; (b) requested the Plaintiff to implement the same construction as the interior of “I”; and (c) approved by the Plaintiff.

B. On June 28, 2012, the Defendant agreed to pay to the Plaintiff KRW 83,000,000 for the construction period from June 28, 2012 to July 29, 2012, the intermediate payment of KRW 33,00,000 to June 28, 2012, the intermediate payment of KRW 25,00,000 for the remainder until July 14, 2012, and the remainder of KRW 25,00,000 for the construction period from June 28, 2012.

C. On June 28, 2012, the Defendant paid to the Plaintiff KRW 33,00,000,000 each of the above construction cost, and KRW 25,00,000 in the intermediate payment on July 13, 2012.

On August 2, 2012, the Defendant sent to the Plaintiff the content-certified mail that “The said construction contract will be terminated on the ground of the nonperformance of construction works.”

E. On August 9, 2012, the Plaintiff prepared and issued a written confirmation to the Defendant that “The Defendant paid the remainder of KRW 25 million to J for the household supply that occurred when the Plaintiff and the Defendant performed the said construction work, and confirmed that the remainder of KRW 5 million would be deducted from the remainder of KRW 20 million.”

F. Around August 2012, the Defendant commenced the business of “F”.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1 summary of the construction cost claim is awarded a contract with the Defendant for the said construction work.