1. The defendant shall be the plaintiff.

A. Of KRW 89,500,000 and KRW 40,000 among them, KRW 40,000 from October 12, 2017 to KRW 49,50,000.

1. Basic facts

A. The Plaintiff is a contracting company that ordered C’s construction work for the installation of a machine for modifying the new transportation equipment for C’s new transportation equipment (hereinafter “instant 1 factory construction”) and C’s 2 factory design construction work for Shasi/FOH remodeling work (hereinafter “instant 2 factory construction”). The Defendant is a contracting company that ordered the above construction work from the Plaintiff.

B. On July 13, 2017, the Plaintiff and the Defendant entered into a contract for the construction of the instant secondary factory with the total construction amount of KRW 270 million (excluding surtax) and the construction period of up to November 30, 2017. The Plaintiff and the Defendant paid KRW 81 million to the Defendant on July 24, 2017. (2) On October 12, 2017, the Plaintiff and the Defendant entered into a contract for the construction of the instant secondary factory with the total construction amount of KRW 85 million (excluding surtax) and the construction period of the instant secondary factory up to March 31, 2018.

C. While carrying out the instant secondary factory construction, additional personnel expenses of KRW 186,015,00 were incurred. In this regard, the Plaintiff and the Defendant drafted a written agreement with the same content as the attached Form (hereinafter “instant agreement”) on October 12, 2017.

On October 18, 2017, the Plaintiff paid KRW 100 million to the Defendant.

E. On November 17, 2017, the Defendant received a repayment plan for additional personnel expenses of KRW 93 million from the Plaintiff and submitted it to the Plaintiff on the same day. On the same day, the Plaintiff paid KRW 98,090,910, which is part of the remainder of the instant secondary factory construction to the Defendant.

F. Meanwhile, on December 19, 2017, the Plaintiff, who did not carry out the instant 1 factory construction, sent a certificate of the content of demanding the Defendant to carry out the said construction project, and the Defendant sent an answer to the effect that it is impossible to carry out the construction project due to the wage problem, such as that the number of employees is not available.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, 20 through 24, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Parties’ assertion.