On June 24, 2011, the Defendant: (a) ordered by Hyundai Industrial Development Co., Ltd. (hereinafter “Nonindicted Company”); (b) the term “ITS Official Works” on the 11km section of the “Road Construction Works between Sungnam-Shohohowons” (hereinafter “instant Construction Works”) from Hyundai Industrial Development Co., Ltd. (hereinafter “Nonindicted Company”); and (c) concluded a contract with the Defendant as “30 million won (including value-added tax) and the term “from June 24, 2011 to December 31, 2013.”

From June 201, the Defendant commenced the instant construction from around 201, and suspended the construction after completing approximately 4 km of construction work.

Around January 2013, the Defendant subcontracted the instant construction to the Plaintiff at KRW 195,00,000 (value-added tax, advance payment, KRW 30,000,000,00) for the construction of the 7km section (hereinafter “the instant remaining construction”) including the leisure tunnel, which is a part of the instant construction work, among the instant construction works. Accordingly, the Plaintiff started construction of the ITS pipeline in the said 7km section around that time.

On September 2013, the Plaintiff notified the Defendant that the remainder of the instant construction will be suspended unless the payment of the construction price is made, as the Plaintiff completed the 3km section among the remaining construction works of the instant case, and did not receive the payment from the Defendant normally.

Accordingly, on September 23, 2013, the Defendant entered into an agreement with the Plaintiff on the partial installment payment of the payment of the construction cost and the direct payment of the price for the future work (hereinafter “instant agreement”), and the specific details are as follows.

Article 10 (Payment of Price) A (Defendant) shall make sure that the construction cost of KRW 120 million shall be paid directly to the ordering unit by the Plaintiff (Plaintiff). 2) A shall pay advance payment of KRW 30 million to B at the same time as an agreement is reached with respect to advance payment of KRW 7 million.

3 With respect to KRW 45 million, excluding expenses for direct payment as ordered and advance payments, KRW 10 million in October, KRW 10 million in November, KRW 10 million in December, and KRW 15 million in January, 2014.