A. The Plaintiff is a company whose business purpose is the production and construction of waterproof materials, roof board, construction and sales of non-building materials, etc. D and C are its owners in the F hotel in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “instant resort club”), and the Defendant is an investor of the instant resort club.

B. On May 18, 2010, while H and C were present, the Plaintiff drafted a construction contract agreement with C and D that the Plaintiff would receive construction cost of KRW 954,750,00 (excluding value-added tax) for the interior and electrical construction, underground emergency passage construction, air conditioners, telecommunications equipment and communications equipment construction, etc. (hereinafter “instant construction”).

C. In the presence of H and C on July 7, 2010, the Plaintiff drafted, from C and D, a construction contract agreement that the Plaintiff wishes to additionally receive a contract for construction work (hereinafter “each of the instant construction works”), setting the construction cost as KRW 457,66,00 (excluding value-added tax), and the construction period from June 20, 2010 to July 20, with the condition that the Plaintiff will receive a contract for construction work (hereinafter “the instant secondary contract”). The instant contract for construction works, including the instant one and the instant two contracts, shall be referred to as “each of the instant contracts”).

The Defendant paid KRW 259,94,000 in total, by using the passbook in the name of the Plaintiff on May 24, 2010, KRW 20,000, KRW 50,000 on May 28, 2010, KRW 130,000 on May 31, 2010, KRW 10,000 on June 8, 2010, KRW 10,000 on June 19, 200, KRW 97,000 on June 15, 2010, and KRW 29,97,000 on June 21, 2010.

E. Of the instant construction works, the Plaintiff’s total amount of KRW 323,00,000,000, including air conditioners construction works, sound works, and spackers rentals, which have not been performed at C’s request.