2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Plaintiff is a company engaged in landscaping planting business, construction business of landscaping facilities, etc., and the Defendant is the representative of a mutual company called “C”.

B. The Plaintiff and the Defendant: (a) decided each share in the project for the creation of a citizen’s private equity zone (Ddong, Edong) in 2018 (hereinafter “instant project”); and (b) ordered the instant project from Ansan-si on July 25, 2018 to KRW 564,256,000 (including value-added tax).

On December 27, 2018, the original Defendant and Ansan-si changed the construction cost to KRW 30,777,600 (=564,256,000 x 1/11 x 60%) by deducting the construction cost from the above construction cost (=564,256,000 - 30,777,600).

C. The Plaintiff and the Defendant agreed to carry out the instant project according to the shared performance method, and the amount of KRW 512,960,000 for the construction cost excluding value-added tax (=564,256,000 x 10/11 x 492,960,000 for the remainder of KRW 492,960,00, excluding the aggregate of corporate profits x 20,000 for the amount of KRW 197,184,00 for each of the Plaintiff and the Defendant’s shared performance (=492,960,000 x 40%) and KRW 295,76,000 for each of the instant projects (=492,960,000 x 60%).

On the other hand, the plaintiff and the defendant agreed to execute construction costs of KRW 100,000,000 of each construction cost of the project of this case and Edong and Edong landscape among the project of this case at the request of Ansan City.

E. The Plaintiff borne KRW 16,00,000, out of the design cost of KRW 20,000,000 incurred in the process of the instant project, and performed Ddong and Edong landscape construction.

F. By December 27, 2018, Ansan-si paid the full amount of construction cost according to each share to the Plaintiff and the Defendant.

【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 2, 3, 5 through 10, and the purport of the whole pleadings

2. Determination as to the assertion on the cause of claim

A. The main point of the Plaintiff’s assertion is that the Plaintiff deducts KRW 16,00,00 from the design cost borne by the Plaintiff at KRW 197,184,00,000, as to the part of the Plaintiff’s performance on the part of the Plaintiff’s assertion.