1. The Defendant’s KRW 168,270,00 for the Plaintiff and 5% per annum from September 24, 2013 to August 12, 2016.

1. Facts of recognition;

A. On October 2012, the Defendant agreed with the Plaintiff, a building business entity, to newly construct the inspection on the Ulsan-gun C Dae-gun 609.7 square meters (hereinafter “instant land”).

On March 18, 2013, the Plaintiff drafted a construction contract (hereinafter “instant construction contract”) with the Defendant to newly construct neighborhood living facilities (hereinafter “instant building”) on the ground of the instant land in the contract amount of KRW 200 million (excluding value-added tax) with the contractor, who is the title holder of the instant land, as the owner of the instant land, and the contractor, as the Plaintiff.

B. Around May 2013, the Defendant: (a) obtained a building permit for the instant building construction with D as the owner; (b) the Plaintiff received necessary expenses, etc. from the Defendant to prepare for the construction; and (c) commenced the construction of the said building from May 2013 to May 2013.

C. Between D and D on June 27, 2013, the Plaintiff drafted a modified contract with the content that the total floor area, walls structure, toilets number, windows, etc. of the instant construction contract and increases the construction cost to KRW 250 million (excluding value-added tax) (hereinafter “instant modified contract”).

Until September 2013, the Plaintiff and subcontractors, including E, carried out the structural part of the construction of the instant building.

E. On September 7, 2013, the Plaintiff agreed to suspend construction with the Defendant, and drafted a statement of accounts settlement with D (hereinafter “each of the instant statements”) with the content that the amount of settlement of accounts would be KRW 168,270,000,000 and that the date of payment would be September 23, 2013.

F. Since then, the Defendant had E perform the said construction work, and E received a direct payment from the Defendant and completed the construction work of the instant building.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings

2. The assertion and judgment

(a)the Parties;