A. The Plaintiff is the owner of two lots and above-ground buildings in Changwon-si, Changwon-si, Msan-si, and the Defendant operates a gas station in the building as the owner of E site and building adjacent to the above real estate.

B. The Defendant: (a) contracted to the appointed party for the remodeling construction of the gas station (hereinafter “instant construction”) at the contract price of KRW 200,200,000 (if the appointed party claims construction payment to the Defendant according to the ratio of construction progress, the Defendant would have to pay the price after mutual verification; and (b) the appointed party performed the said construction from May 2015.

C. On July 2015, 2015, the Appointor removed an existing underground tank for the instant construction work. Around that time, some of the fences and maths installed on the Plaintiff’s site was collapsed.

The Plaintiff filed a civil petition with the competent authority that the wall owned by the Plaintiff collapsed due to the instant construction work, and accordingly, the competent authority investigated the instant construction site several times.

On July 17, 2015, the Defendant and the Appointor requested the Plaintiff to take charge of the construction of the underground retaining wall (hereinafter “the instant underground retaining wall construction”) which is part of the instant construction, to restore the fence and the macele loss, etc. due to the instant construction, and prepare and deliver a letter of performance (Evidence No. 4-1) that promises safety measures.

The defendant paid KRW 10,000,000 to the plaintiff on the same day.

E. The Plaintiff accepted the request of the Defendant and the Selection, and around August 2015, the instant underground retaining wall construction was conducted.

Upon receipt of the construction cost of this case from the Defendant, the appointed party paid the Plaintiff KRW 67,90,000,000 as the price for retaining wall of this case on July 28, 2015, and KRW 40,000 on August 7, 2015, and KRW 17,900,000 on September 8, 2015.

F. On September 7, 2015, the Plaintiff submitted a written estimate (No. 10) to the Defendant that KRW 3,390,000 is required for the removal of the remainder of the wall and surrounding articles, which is not removed, to the Defendant, and the Defendant.