1. The Defendant’s KRW 99,152,357 as well as the Plaintiff’s annual rate of KRW 6% from April 26, 2016 to June 5, 2018 and the following.

1. Under the underlying facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in the statements in Gap evidence Nos. 1, 2, 40, and Eul evidence Nos. 2 and 6, and each of the statements in Eul evidence Nos. 1-3 and Eul evidence Nos. 3-3 is insufficient following the recognition.

The Defendant is a company that received a supply of artificial park construction from Hancheon-gun Construction Co., Ltd., the contractor for construction of a new "Yacheon-do Golf Clubs" located in 470-5 in Yacheon-gun, Gyeonggi-do. The Plaintiff is a company that received sewage from the Defendant for the part of the artificial park construction among the aforesaid artificial park construction (hereinafter “instant construction”).

B. After receiving KRW 272,00,000 from the comprehensive construction, the Defendant concluded the instant construction contract with the Plaintiff on September 2, 2015, with the following content.

The period of construction: The payment of the price of construction from July 18, 2015 to November 30, 2015: 170,50,000 won (including value-added tax; hereinafter the same shall apply) - Payment of the price of construction - Payment after confirmation of the first material storage - Payment after confirmation of the intermediate payment after approval: The remainder payment after confirmation of the first material: The remainder payment according to the base rate of each month - The period of warranty liability after completion of the construction: The rate of liquidated damages for five years from the date of completion: 3/100

C. From October 6, 2015, the Plaintiff commenced the instant construction project. Around January 20, 2016, the Defendant notified the Plaintiff of the cancellation and termination of the instant construction contract on the ground of the Plaintiff’s breach of contract based on the Plaintiff’s assumption of duty.

Meanwhile, in relation to the instant construction project, the Defendant filed a lawsuit against the Plaintiff in this Court (hereinafter “relevant case”) with respect to the amount claimed in 53,793,236 won, damages in lieu of defect repair, liquidated damages, etc., and damages for delay in lieu of defect repair, etc., and the said court rendered a judgment in favor of the Defendant partially winning the lawsuit on April 24, 2018 that the Plaintiff shall pay the Defendant KRW 14,876,547 and damages for delay.

【The above case was appealed by both courts (this Court).