A. On October 27, 2014, the Plaintiff entered into a construction contract (A evidence 1; hereinafter “the instant construction contract”) with the Defendant and the Heavy Industries (hereinafter “BB Industries”) on the condition that the construction work for the manufacturing and installation of the steel structure of the JIG 21 is awarded to the Defendant and the Heavy Industries in the aggregate of KRW 850,00,000 for the five construction cost per steel structure 1 unit (850,000,000 for the total of KRW 5,250,000 for each steel structure).

B. Around March 23, 2015, the Defendant suspended construction works under the instant construction contract.

C. The Plaintiff paid KRW 1,436,958,838, directly or on behalf of the Defendant, the Heavy Industries, or on behalf of the Defendant, the Heavy Industries, a total of KRW 1,436,958,838 as subsidies.

The Defendant agreed to pay to the Plaintiff the amount equivalent to 10% of the construction cost as a performance guarantee under the instant construction contract (Article 11(7) of the instant construction contract). The Plaintiff deposited KRW 205,70,000 among the subscription price of the construction work 2,057,00,000 calculated by the Plaintiff (=2,057,000,000 x 10%) 414,341,162 of the remainder of the construction cost excluding the subscription price of the work 1,436,958,838,000 - KRW 2,05,70,000 - 1,436,958,838,000 - 205,70,000 - 1,436,958,838) with the obligee’s deposit or provisional attachment under Article 487(1)25(b) of the Civil Execution Act, and the creditor’s deposit under the provisional attachment or attachment 25147(27).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 32 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The plaintiff alleged by the parties shall pay the construction price in full until the suspension of construction works. The plaintiff shall be fully liable for the construction price in this case.