1. The defendant shall pay 119,362,00 won to the plaintiff and 20% per annum from April 22, 2015 to the day of full payment.

1. Facts of recognition;

A. On May 4, 2014, the Plaintiff: (a) concluded a contract with the Defendant for the new construction of multi-household living facilities C (hereinafter “instant construction”) for the construction cost of KRW 690,000,000; and (b) October 2014 for the scheduled completion of construction works (hereinafter “instant construction contract”).

B. On October 28, 2014, the Plaintiff and Spoon related persons were in charge of the instant construction work on behalf of the Plaintiff, and on which the Defendant and D agreed that “D will contract the part of the instant construction work to E during the instant construction work. The tin work price shall be paid directly by D to E. The Defendant agrees to deduct the tin work price from the instant construction work price.” (hereinafter the instant agreement)

(see Evidence A 3). (c)

On or before December 20, 2014, the Defendant discontinued the instant construction without completion, and until then, the construction cost according to the ratio of the completion of the construction works by the Defendant was KRW 302,082,00,00 (the total construction cost of the instant construction contract 690,000,000 x 43.78%) as stated in the attached Table and the appraisal statement.

(A) Although the Defendant asserts that tin Corporation should be included in the Defendant’s flagline among the instant construction works, it shall not be accepted in light of the content of the instant agreement, etc.

The construction work of this case by the defendant has defects such as the statement of appraisal of defects in the attached Form, and 21,444,000 won is required to repair the defects.

E. From May 2014 to October 2014, the Plaintiff paid the Defendant totaling KRW 415,000,000 among the instant construction cost, and the Defendant returned KRW 15,000,000 to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence, satisfy and defective appraisal, and the result of the entrustment of the supplementation of the appraisal, the purport of the whole pleadings

2. The judgment of the defendant shall be 97,918,00 won (40,000,000- - 302,082,000 won) which is the difference between the prepaid construction cost and the construction cost according to the ratio of the prepaid construction cost to the plaintiff, and shall substitute the defect repair of 21,44,00 won necessary for defect repair.