A. On September 1, 2014, the Plaintiff entered into a contract for the construction work (hereinafter “instant contract”) on September 1, 2016, which is 22,00,000,000 won (including value-added tax), September 15, 2014, and November 30, 2016 (Provided, That the date of completion is 26 months from the date of actual commencement) with respect to the construction work of the C hotel located in B, other than B, Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “instant construction work”).

B. On December 31, 2014, the Plaintiff entered into a contract for modification of a construction agreement with the principal contractor to pay KRW 2,200,000,000 with respect to the instant contract, and then received a written undertaking of advance payment of construction expenses with the purport that “90,000,000,000 to be paid to the Plaintiff shall be paid as advance payment of the instant construction project, and shall be deducted according to the fair rate when filing a claim for each construction cost.” Then, on January 2, 2015, the Plaintiff paid KRW 90,000,000 in total under the pretext of advance payment of the instant construction project.

C. On February 27, 2015, the Seoul Central District Court filed an application for commencement of rehabilitation procedures with the Seoul Central District Court on March 20, 2015, which was ordered to commence rehabilitation as the Seoul Central District Court 2015 Gohap10046, and the Defendant was appointed as the custodian.

Around May 2015, the Plaintiff and the Defendant drafted a written confirmation of termination of the instant construction contract, stating that the instant contract is terminated, and the main contents are as follows.

1. The contract of this case concluded with the Plaintiff on September 15, 2014 (if deemed to be a clerical error in September 1, 2014), will waive all rights of the contractor as the contractor because it is impossible to perform contractual obligations due to the default and rehabilitation application of the contractor, and will confirm the termination of the contract of this case.

2. The plaintiff will not be held liable for the construction work, such as an intermediate payment loan obligation, completion of other responsibility, etc., to the contractor in the contract of the construction work.

(e) thereafter;