A. On October 18, 2016, the Counterclaim Co., Ltd. received a new construction of C company in Gangseo-gu Seoul Metropolitan Government D from C company, and ordered the Counterclaim Defendant Co., Ltd. (hereinafter “Co., Ltd. E” at the time of its trade name, but later changed to “Co., Ltd. E”) to the Counterclaim Defendant Co., Ltd. (hereinafter “instant construction”).

The terms of the instant construction contract are as follows.

- An ordering person: C - an original contract name: C- a new project for C- a project: C- a project for construction: C- a project for construction: C- a project for pressing and an external glass project for the construction site: Gangseo-gu Seoul Metropolitan Government F- a project period: < Amended by Presidential Decree No. 2751, Nov. 1, 2016; Presidential Decree No. 27420, Feb. 28, 2017; Presidential Decree No. 20000, Feb. 28, 2017; Presidential Decree No. 48400,000; Presidential Decree No. 1584, Feb. 1, 20

B. On November 11, 2016, the Plaintiff paid 48,400,000 won to the counterclaim Defendant in accordance with the instant construction contract.

C. On January 2017, the counterclaim Defendant filed a claim that construction work in accordance with the shop design drawings issued by the Counterclaim Plaintiff was problematic, such as air extension and increase in expenses, and failed to implement the instant construction work any longer.

On March 28, 2017, when the deadline for completion stipulated in the instant construction contract was expired, the Plaintiff sent to the counterclaim Defendant a certificate that the instant construction contract was terminated due to nonperformance, which led to the counterclaim Defendant around that time.

[Ground of recognition] Facts without dispute between the parties concerned; Gap 1 through 4; 6 through 9 (including each number; hereinafter the same shall apply); Eul 1 through 3; the purport of the whole pleadings

2. The parties' assertion

A. On February 28, 2017, the date of completion of the instant construction contract, the first counterclaim Defendant asserted as the counterclaim Defendant did not entirely perform the instant construction work until February 28, 2017.

This can be completed within the completion date due to reasons attributable to the contractor.