1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,397,00,000 and Defendant New Construction Industry Co., Ltd.

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of manufacturing and selling heat exchangeers, freezingers, etc., and Defendant New Construction Industry Co., Ltd. (hereinafter “Defendant New Construction Industry”) is a corporation established for the purpose of civil engineering and construction work business.

B. On March 21, 2016, the Plaintiff entered into the instant construction contract with the Defendant New Construction Industry with the purport that the construction cost shall be KRW 6,292,00,000 (including value-added tax) for a condominium’s machinery and equipment newly constructed on the ground surface 121-1 in Gangseo-gu, Sejong-gu, Seowon-gun, Sejong-gun (hereinafter “instant construction project”) from the Defendant New Construction Industry, and the construction period shall be from April 4, 2016 to April 4, 2017; the new construction industry in relation to the payment of the construction cost shall pay KRW 1,100,000 (including value-added tax) for advance payment until May 30, 2016; and the construction contract for the portion of the previous construction project to receive progress payment once a month from the payment of the construction cost (hereinafter “instant construction contract”).

C. At the time of the construction contract of this case, the Defendant Dogma Round Co., Ltd., which was established for the purpose of selling and selling condominiums and selling the instant condominiums (hereinafter “Defendant Dogro Dogma Round”) jointly and severally guaranteed for the Plaintiff the Defendant’s new construction industry’s obligation regarding the instant construction contract.

The Plaintiff did not receive advance payment of KRW 1,100,000,000, which was paid under the instant construction contract, and continued the instant construction project by July 2016. On July 26, 2016, the Plaintiff filed a claim for payment of KRW 297,00,000 for progress payment to the Defendant New Construction Industry (including value-added tax) and issued a tax invoice equivalent to the above progress payment on July 28, 2016.

(hereinafter the above advance payment of KRW 1,397,00,000,000 and the above advance payment of KRW 297,000,000,000, each of the above advance payment of KRW 1,397,000,000, shall be deemed to have been paid.

At present, the above condominium, including the instant construction.