A. On October 17, 2013, the Defendant (former: C) entered into a mining concession production contract with the Plaintiff (former: D) (former: D) (hereinafter “instant contract”).

1. The contractor: <1> D representative director A (2) the contract unit price for the construction of goods for the supply of goods for the mining in the pit: 10,000 won per ton of the iron sheet, and 15,000 won per ton of the steel sheet (value-added tax) contract period: Five years after the contract date: < Amended by Act No. 10,000 tons per ton of the steel sheet, and 10,000 won for the construction of goods for the mining in the pit: 10,000 tons per month; Act No. 1000 tons per month;

(2) The progress payment shall be made on the 10th of the following month and shall be paid one hundred million won, which is the minimum input cost in the month.

(3) A subcontractor for mine deposits shall be a basic facility for mine deposits.

B. The Plaintiff and the Defendant agreed to install the basic facilities for mining mine and bear the construction cost of the mine within the limit of KRW 50 million by the Defendant.

C. From October 13, 2013 to November 30, 201 of the same year, the Plaintiff installed a basic facility for mine mining from November 13, 2013 to March 17, 2014.

On January 23, 2014, the Defendant paid to the Plaintiff KRW 25,270,000 for the payment for mining progress.

[Reasons for Recognition] Unsatisfy, Gap 1's evidence (including branch numbers, hereinafter the same shall apply), Eul 6's evidence, witness H's testimony, the purport of the whole pleadings

2. Determination

A. In full view of the evidence and the purport of the entire argument in the statement of evidence as to the claim for construction cost of the pit construction, the plaintiff can be acknowledged that the plaintiff paid KRW 87,376,300 to the pit construction work. The defendant agreed with the plaintiff to bear the construction cost of the pit within the limit of KRW 50,000,000 is as seen above. Thus, barring any special circumstance, the defendant is obligated to pay the plaintiff the amount of KRW 50,000,000 agreed among the construction cost of the pit and the damages for delay.