A. On February 22, 2013, the Plaintiff and the Seoul Mine Diplomatic Association concluded a construction contract with the Defendant to contract the remodeling of mechanical parking facilities (hereinafter “instant parking facilities”) to the Defendant in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant parking facilities”).

Article 1 Contents of Construction Contract: Form of Construction Works for Remodelling of the Seoul Hot Spring Mechanical Parking Facility (hereinafter referred to as the “instant Construction Works”): Elevator 190 installation site (64 above the ground of the 126th unit): The contract price on May 31, 2013: 297,000,000 won (including value-added tax) Article 3

B. Around May 2013, the Defendant completed the instant construction, and received a certificate of pre-use inspection from the Korea Transportation Safety Authority on May 23, 2013.

C. On May 29, 2013, the Defendant issued a defective guaranty insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to the Plaintiff and the Plaintiff as the insured, and filed a claim for the construction payment of the instant case, and received all the construction payment corresponding to the share of the construction payment from the Seoul Mine Association.

The Plaintiff has not paid KRW 68,607,000 to the Defendant for the construction cost of this case until now.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 2-1, 2-2, and Evidence No. 1-2, and the purport of the whole pleadings

2. The Plaintiff asserted that: (a) the Defendant could not use the parking facilities even after completing the instant construction; (b) used the parking facilities managed by the Seoul Special Metropolitan City Nowon-gu Service Corporation from May 24, 2013 to July 4, 2013; (c) paid KRW 18,80,000 as parking expenses; and (d) the Defendant’s portion of which the repair was not performed under the instant contract was equivalent to KRW 41,635,480; and (c) paid KRW 9,680,00 from April 8, 2015 to April 30, 2015; and from June 12, 2015 to September 18, 2015, additionally paid KRW 60,651,000,310,000 as parking expenses.