1. The Defendant’s KRW 111,354,265 to the Plaintiff, as well as KRW 6% per annum from February 13, 2019 to July 14, 2020.

1. Basic facts

A. On October 23, 2018, the Plaintiff entered into a contract for construction works and paid advance payment 1) on a factory building on the ground of the Nam-gu Incheon Metropolitan Government C (hereinafter “instant building”) on October 23, 2018.

2) A new construction project (hereinafter referred to as “instant construction project”)

(3) The construction cost of KRW 1.34 billion (including value-added tax, and down payment shall be made before the commencement of the construction) and the construction period shall be determined from November 1, 2018 to February 28, 2019 and the contract for construction (hereinafter “instant contract”).

Article 4 (Contract Bond, etc.) ① The Defendant shall pay, in cash, etc. to the Plaintiff before entering into a contract to guarantee the performance of contractual obligations, the contract bond as stipulated in the contract. However, this shall not apply where the Plaintiff and the Defendant have agreed not to pay the contract bond by agreement. The contract bond under paragraph (1) may be paid in a letter of guarantee issued by the following institutions.

(3) The defendant shall not use the advance for any purpose other than the purpose of the contract, and shall use it in preference to the payment of wages and the securing of materials.

(5) In cases falling under any of the following subparagraphs, the Plaintiff shall pay the balance of the relevant advance payment: