A. On August 12, 2010, the Plaintiff was awarded a subcontract for the construction of machinery and fire fighting equipment (hereinafter “instant construction”) among the construction works for the construction works of Kimpo-si 3050 Gi-si in the Yangyang-si, Kimpo-si, Kimpo-si (hereinafter “instant factory”) located in the local industrial complex in Yangpo-si, Kimpo-si (hereinafter “instant factory”) that the Defendant ordered Nonparty Hopo-si Co., Ltd. (hereinafter “Spo-si”), for the construction cost of KRW 2,200,000 (including value-added tax) from Nonparty Company.

B. However, on October 201, when the Plaintiff was proceeding with the instant construction, the non-party company defaulted and filed an application for rehabilitation.

C. When the construction cost that was not paid by the non-party company around October 201 led to KRW 744,490,000, the Plaintiff suspended the instant construction work and attempted to withdraw it at the said construction site. However, the Defendant directly concluded a construction contract with the Plaintiff and sought to proceed with the remaining construction work.

Accordingly, the Defendant guaranteed the payment of KRW 744,490,000 to the Plaintiff of the company to the Plaintiff, and received promissory note bonds and obligation for attempted construction payment equivalent to KRW 744,490,00 from the Plaintiff to the non-party company, and the Defendant concluded a sales contract with the Plaintiff to sell part of the dormitory buildings of this case, which are the implementer, to the Plaintiff. However, the above KRW 74,490,00, which is the amount of the Plaintiff’s claim against the non-party company, was paid as down payment and intermediate payment, which is part of the sale price under the above sales contract.

E. In addition, on November 20, 2011, the Defendant entered into a contract with the Plaintiff for the remaining construction works among the instant construction works; the construction cost was KRW 594,880,00 (including value-added tax); the construction period was from November 20, 201 to May 30, 201; the payment was paid once a month as progress payment without advance payment; the cash was paid at 60%; and the payment was made by the end of each month.

(hereinafter the above construction contract concluded by the Plaintiff and the Defendant was “the instant construction contract”).