A. On February 12, 2015, the Plaintiffs and the Defendants concluded a contract for removal works with regard to G market removal works in Gwanak-gu, Seoul Special Metropolitan City on the date of commencement, 90 days after the date of commencement, 30 days after the date of completion, 1.6 million won after the date of completion, 20,000 won per ton of special wastes, 50,000 won per ton of general wastes, 50-1,000 won per 25 tons of general wastes, 50-1,000 won per ton of general wastes, 50-1,000 won per owner,

(b) Major terms and conditions of the said contract shall be as follows:

o “B” deposits KRW 10 million with “A” account in the name of “A” after this Agreement in order to certify the implementation of this Project.

“A” shall provide a security for equivalent real estate and a guarantee of a corporation and an individual.

o If “B” fails to commence the removal work within three months from the date of the contract due to the failure to perform the duties of “A”, “B” shall immediately compensate “B” for the double amount of the performance bond for the performance of the contract as penalty.

o. “A” does not raise an objection to all legal measures that “B” takes to receive penalty for breach of contract when the penalty for breach of contract was not immediately paid.

The legal expenses incurred by “B” to receive penalty shall be paid by “A”.

o If “A” fails to compensate for a penalty immediately, it shall be paid to “B” by adding a delay compensation at the rate of 36% per annum for the amount of penalty for delay as the number of delayed days.

C. On February 13, 2015, the Plaintiffs deposited KRW 70,000,00 in the H’s deposit account under the name of Plaintiff B, the son of Defendant D, on the following day following the contract, with the payment of the performance bond under the contract. However, the Defendants did not receive the consent of the occupants of the G market so that the Plaintiffs may commence removal works under the contract until May 11, 2015, which was three months from the date of the contract.

Accordingly, the Plaintiffs filed a complaint with Defendant D on suspicion of fraud, and at the same time filed a claim such as the penalty of this case.