1. The Defendant (Counterclaim Plaintiff) paid KRW 97,890,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 30, 2010 to May 15, 2014.

Basic Facts

The plaintiff is a person who operates a construction business with the trade name called C.

On December 15, 2009, the Plaintiff received a contract from the Defendant during the construction period of KRW 1,100,000,000 (excluding value-added tax) and the construction period of construction from December 30, 209 to June 30, 2010.

(hereinafter “instant contract”). The Plaintiff agreed to carry out the instant construction project in three-lanes, and agreed to carry out construction work without advance payment and to settle the construction cost thereafter.

The main contents of the instant contract are as follows.

Article 16 (Compensation for Delay) (1) When the plaintiff fails to complete construction within the deadline for completion, he/she shall pay to the defendant the amount calculated by multiplying the contract price by the delayed rate for each number of days (hereinafter referred to as "compensation for delay").

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or for other reasons not attributable to the plaintiff.

Article 17 (Defect Guarantee) (1) The period of warranty shall be one year from the date the inspection of completion is completed.

All defects arising from the construction shall be repaired during the warranty period.

Provided, That this shall not apply where a natural disaster, such as a natural disaster, or a cause other than the defendant occurs after the object of the construction is delivered.

(2) Where the plaintiff is requested to repair the defects under paragraph (1) (i) from the defendant and fails to comply therewith, the defendant may directly repair the defects at the expense of the plaintiff.

At this time, the expenses incurred may be claimed to the Plaintiff, and all legal responsibilities are borne to the Plaintiff.

Article 18 (Restriction on Subcontract) (1) When the plaintiff subcontracts part of the contracted construction to a third party, he/she shall obtain written approval from the defendant.

However, a medical specialist under the Construction Business Act.