A. The Defendant, as the owner of the first real estate B in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant land”), concluded a contract for civil engineering works on the said land with Nonparty C, and the said C concluded a sub-subcontract for the said civil engineering works with the Plaintiff.

B. The foregoing year to the Plaintiff on July 12, 2016

9. By October, 198, a letter of commitment (Evidence A 1) was drawn up and issued to pay KRW 100,000,000.

C. On July 8, 2016, the Defendant: (a) concluded that the Plaintiff shall be liable for the amount of credit to related construction companies at the site of civil engineering works in the instant land; and (b) however, the Defendant shall pay the amount of credit to the Plaintiff not later than October 2016; (c) provided, however, that the reservation clause that the Defendant shall pay out of the construction cost of KRW 1,200,000,000 that the Defendant shall pay to the said C was written and issued (Evidence 2 of the instant agreement; hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is liable to pay the Plaintiff the construction cost of KRW 100,000,000 and the damages for delay as claimed by the Plaintiff, in accordance with the agreement that Nonparty C shall directly pay to the Plaintiff the obligation to pay the construction cost owed by Nonparty C to the Plaintiff.

B. According to the Defendant’s assertion ① According to the instant agreement, the amount that the Defendant agreed to pay to the above C is the Plaintiff’s price for civil engineering works on the instant land against Nonparty C, and there is no ground to view that the amount that the said C agreed to pay to the Plaintiff pursuant to the Plaintiff’s evidence No. 1 constitutes construction cost

Therefore, there is no obligation for the Defendant to directly pay KRW 100 million to the Plaintiff (hereinafter “instant Chapter 1”). ② Since the Defendant prepared and delivered the instant agreement based on the Plaintiff’s coercion, it is stated in the said agreement.