A. On July 25, 2012, the Plaintiff, a corporation that is engaged in the soil construction business, etc., entered into a subcontract for construction works with the Defendants on the respective construction works from July 25, 2012 to May 29, 2013, respectively, by setting the construction cost of “construction cost of 3.182 billion won for the portion” among the construction works for building “construction works for the roads between the Jin-Osan City and the Sinsan City (one construction section)” at the construction site of Pyeongtaek-si, Seocheon-si, Seosan-si, which was jointly supplied by the Defendants from Gyeonggi-do, the ordering person.

On May 29, 2013, the Plaintiff and the Defendants extended the completion period until November 29, 2013, and finally changed the construction price to KRW 297 million on January 20, 2014.

(Specificly, the construction cost as of September 26, 2012 is KRW 3,105,727,273, and the construction cost as of April 29, 2013 is changed to KRW 3,199,00,000,000, respectively; hereinafter “instant subcontract”). The main contents of the instant subcontract that was concluded in accordance with the form of a standard subcontract agreement for construction business are as follows.

Article 4-2 (Prohibition of Determination of Unreasonable Subcontract Price) (1) The Defendants shall not compel the Plaintiff to determine or accept subcontract price at a remarkably lower level than the price generally paid by using unlawful means.

(2) The acts of the defendants falling under any of the following subparagraphs shall be deemed to be fixing unfair consideration for subcontract:

4. Fixing a subcontract price by deceiving the Plaintiff by causing an error in the terms of transaction, such as the quantity ordered, or by presenting an estimate or a false estimate of another enterpriser, and using such means.

7. Fixing subcontract consideration at a price lower than the lowest tender price without any justifiable reasons in concluding a subcontract by competitive bidding;