A. On November 24, 2015, a limited liability company D (hereinafter “D”) entered into a contract with E and limited liability companies by setting the contract amount of KRW 2,443,10,000, and the construction period from December 10, 2015 to July 10, 2016, with respect to the new construction of 28 household units, namely, the contract amount of KRW 2,443,10,000, and the construction period of KRW 1,443,100,000, respectively.

B. On December 7, 2015, the Plaintiff lent KRW 50 million to Defendant B.

C. On January 18, 2016, Defendant B entered into an agreement with the Plaintiff as follows, and Defendant C Co., Ltd. (hereinafter “Defendant Company”) and limited liability companies D (hereinafter “D”) jointly and severally guaranteed Defendant B’s obligations.

A: Plaintiff B: Defendant B

1. In the construction of a new 28 household unit, “B”, the actual owner of “B”, which is a contractor, shall agree to pay “A” the terms and conditions of the construction contract, KRW 140 million (including the borrowed amount of KRW 50 million) which is the agreed deposit.

2. “B” shall be notified to “A” and shall be paid as agreed in paragraph 1 upon receipt of the construction cost at the end of the construction work.

3. “B” shall ensure that the contracted construction is responsible and completed within the contract amount.

D on June 8, 2016, 2016, the Agreement was rescinded on the Contract for the 28-generation New Construction Works.

E and trading companies agreed to pay 186,030,800 won directly to the subcontractor and the material supplier and pay 43,969,200 won to D, when settling the construction cost of KRW 380,000,000 (paid amount of KRW 230,000,000).

[Grounds for recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Assertion and determination

A. According to the above findings of the determination as to the cause of the claim, Defendant B and the Defendant Company are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 50 million and the agreed amount of KRW 90 million in total, KRW 140 million and damages for delay.

B. The Defendants’ assertion is without any obligation to pay the agreed amount due to the non-performance of one condition.