A. The plaintiff is a company established for the purpose of information and communications construction business, and the defendant is a company established for the purpose of real estate consulting business.

B. On September 30, 2016, the Plaintiff entered into a subcontract with the Defendant for the security facilities (CCTV), parking management, and non-conform system construction works (hereinafter “instant construction works”) among the new construction works on the land A with the wife population B (hereinafter “instant contract”) with the following terms and conditions as follows: (a) from October 1, 2016 to September 30, 2018; (b) the contract was entered into between October 1, 2016 and September 30, 2018 (hereinafter “instant contract”).

Matters of special agreement

2. The Plaintiff shall deposit KRW 100,000,000 out of the contract deposit of 300,000,000 to the account designated by the Defendant within 10 days after the completion of the instant contract, and the instant contract shall be null and void if the deposit is not made.

Contract deposit of KRW 200,000,000 shall be deposited in consultation with the Plaintiff and the Defendant.

4. On or after October 1, 2016, the date of commencement of construction works, where the commencement of construction works has been delayed for at least three months due to the ordering place and executing company, such violation shall be deemed a breach of contract, and penalty for breach of contract shall be 200% of the total amount of contract deposit for construction works

C. On October 12, 2016, the Plaintiff transferred KRW 100,000,000 out of the contract deposit to the account designated by the Defendant pursuant to the instant contract.

From September 30, 2016, the date of entering into the instant contract, the Defendant delayed the commencement of the instant construction project due to the lack of funds, etc.

E. The original copy of the instant payment order, indicating the intent of the Plaintiff to cancel the instant contract, was delivered to the Defendant on June 21, 2017, because the Defendant did not perform its contractual obligations under the instant contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff paid KRW 100,000,000 to the Defendant, however, the Defendant from September 30, 2016, which was the date of entering into the instant contract.