1. Of the instant counterclaim, “damage compensation in lieu of defect repair on the ground that fire-resistant clothes were not constructed.”

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 12, 2012, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant contract”) with the Plaintiff by setting the construction cost of KRW 638,00,000 (including value-added tax; hereinafter the same shall apply) for the construction work of the A factory located in the YYYYYY (hereinafter “instant construction project”) as KRW 638,00,000 (including value-added tax; hereinafter the same shall apply), October 1, 2012, the date of commencement of construction work; February 28, 2013; 1/1,000 of the down payment rate for delay; and 20% per annum of the interest rate for delay payment (hereinafter “instant contract”).

B. The Defendant obtained approval for use on March 15, 2013 for a factory A (hereinafter “instant building”) newly built pursuant to the instant construction project, and completed registration for the preservation of ownership in the name of the Defendant on March 22, 2013.

C. On April 9, 2013, the Plaintiff and the Defendant agreed with the following contents, and written agreements and letters accordingly, and the Plaintiff paid KRW 40,000,000 to the Defendant on the same day in accordance with the above agreement.

In the instant construction agreement, the Plaintiff and the Defendant agree that the construction of fireproof clothes (main structural parts), stairs (breadths), and lamps (sections) specified in the design drawing have occurred, and only the Plaintiff and the Defendant agree as follows:

1. The Plaintiff recognizes the construction problems of fireproof clothes (main structural parts), stairs (explosions), and lamps (explosions), and intends to reimburse the Defendant for the agreed amount of KRW 40,000,000.

2. The defendant shall not be held liable for any civil or criminal liability as a matter of the construction of fireproof clothes, stairs, or lamps after receiving the agreed amount from the plaintiff.

3. The defendant may request the plaintiff to repair the defects in addition to the main structural parts, stairs, and lamps.

In each of the instant construction works, the Plaintiff shall complete the construction and obtain approval from the Defendant by April 15, 2013, and the date of completion shall be the Plaintiff on September 12, 2012.