A. On April 20, 2010, the Defendant entered into a contract with E&W Co., Ltd. (hereinafter “E&W”) to conclude a new construction contract on the land on the land of 1433-2, Busan Metropolitan City Shipping Daegu Complex (hereinafter “instant construction”). On May 13, 2010, the Defendant entered into a contract between the Plaintiff and the Plaintiff to enter into a contract with the Plaintiff to enter into a subcontract for the construction of facilities and soil facilities with the underground soil mounds totaling KRW 495,00,000 (including value-added tax 45,00,000) and the construction period from May 14, 2010 to September 30, 2010 (hereinafter “instant subcontract”).

B. On September 30, 2010, the Plaintiff completed the construction of underground soil bags and soil facilities, and received KRW 365,731,507 from the Defendant, out of the construction price under the instant subcontract.

C. Around 2011, E&W and the Defendant prepared and delivered to the Plaintiff a written statement with the following content.

In performing the instant construction, L&A and the Defendant subcontracted the instant construction to the Plaintiff and the Defendant, and the Plaintiff completed underground household facilities and soil construction according to the contract, but the Defendant did not immediately perform the construction of underground structures (e.g., steel reinforced concrete) as a subsequent process after the completion of the construction of underground base, despite the fact that the Defendant did not perform the construction of underground structures (e.g., steel reinforced concrete) due to the internal circumstances of both companies, and did not perform the construction of underground structures for a long time and did not perform all civil and criminal responsibilities arising in the future, such as ground change, adjacent building damage, delay loss, etc. due to the discontinuance of construction, are responsible for the Plaintiff

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 10 (including each number in the case of evidence Nos. 3 and 10) and the purport of the whole pleadings

2. According to the above facts, the defendant, unless there are special circumstances, shall pay the above construction price to the plaintiff KRW 129,268,493 =495,00,000 - 365,731.