A. On February 2, 2015, the Plaintiff (formerly: hereinafter “instant contract”) entered into a contract for construction works with the Defendant (hereinafter “instant contract”).

The name of the Corporation: The place for the construction of a new factory in Ulsan-si, Ulsan-gun, Ulsan-gun, the construction price of which is KRW 1190 million (excluding value-added tax) for three parcels of land outside 1330,000,000,000,000 won (in the contract, KRW 1.73 billion, 6.8 million)

B. On September 30, 2015, the Defendant requested the Plaintiff to withhold the progress of construction works based on the instant contract, and the Plaintiff suspended construction works. On September 30, 2015, the Plaintiff agreed to settle the instant contract with the Defendant at KRW 89,100,000,000, while settling the accounts of the instant contract.

C. The Defendant paid KRW 55 million to the Plaintiff regarding the said contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-1, 2, 2, and 3-2, the purport of the pleading

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 34,10,000 which was unpaid out of the settlement amount related to the instant construction contract and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 15, 2016 to the date of full payment, following the day when a copy of the instant complaint was served on the Defendant.

B. In relation to the instant construction contract, the Defendant asserted that the Plaintiff and the Defendant agreed on the remaining construction cost of KRW 18 million, but it is not sufficient to recognize only the written evidence Nos. 1 and 2, and there is no other evidence to prove otherwise.

Rather, the above evidence and evidence Nos. 5 and 9 were written, the witness A’s testimony, and the purport of the pleading are as follows. In other words, the Plaintiff and the Defendant written a modified contract with the construction cost of KRW 89,100,000 on September 30, 2015. The Defendant asserted that the above contract was forged, but the above evidence and witness’s testimony are considered.