A. On June 11, 2010, the Defendant entered into a contract for construction works with Non-Party Echina Construction Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd.”). The Defendant entered into a contract for construction works with Non-Party Echina Construction Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd.”). The construction works for the construction of the 1st underground floor, the size of the 6th floor above the ground level and the building for education and research facilities (hereinafter referred to as the “instant building”).

B. On February 22, 2011, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with Nonparty Company to perform the construction work of metal works, window-hosing works, and glass works, among the new construction works of the instant building (hereinafter “instant construction works”) on a subcontract with the construction cost of KRW 125 million (excluding value-added tax).

C. The Plaintiff, among the new construction works of the instant building, performed a window, metal, or glass construction work, and was paid 50 million won out of the construction price by the Nonparty Company.

On September 201, the non-party company renounced the construction of the building of this case in the middle of this case.

E. On September 17, 2011, the Defendant directly paid the remainder of the construction cost of KRW 75 million (excluding value-added tax) to the Plaintiff after completion of construction; however, the Defendant agreed that the increase or decrease in the construction cost shall be determined by future discussions by both parties.

(hereinafter referred to as the instant agreement). F. The Defendant paid 50 million won to the Plaintiff after the instant agreement.

G. On April 19, 2012, registration of initial ownership was completed in the name of the Defendant and the Property Foundation A, respectively, on April 19, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 10, the purport of whole pleadings]

2. The parties' assertion and judgment

A. First of all, the meaning of the instant agreement is that the Plaintiff is the non-party prior to the instant agreement among the construction cost of KRW 137,500,000 (including value-added tax) under the instant subcontract.