1. The Plaintiff (Counterclaim Defendant) entered into a contract on July 21, 2014 with respect to the Incheon East-gu C Corporation with respect to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On July 21, 2014, the Plaintiff entered into a contract for construction works with the Defendant, including the following special agreement, with respect to the construction period of the Nam-gu Incheon Metropolitan Government C& (hereinafter “instant construction works”) from July 31, 2014 to October 30, 2014; and the construction cost of the construction amount of KRW 320,000,000; and entered into a contract for construction works with the Defendant.

(hereinafter “instant construction contract”). 【Matters under special agreement】

7. The amount of the construction contract shall be KRW 44,00,000 (44,000) and the amount of the intermediate payment shall be paid KRW 66,00,000 (66,00,000) with the framework of the building completed and with additional loans from bank areas.

B. On July 21, 2014, the Plaintiff paid KRW 88,000,000 to the Defendant by November 3, 2014, including the payment of KRW 44,00,000 to the Defendant.

C. The Defendant suspended the instant construction work around May 2015 while performing the instant construction work.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) completed the instant construction after the Defendant suspended the instant construction. Since the Plaintiff paid construction costs in excess of the part completed by the Defendant, there is no obligation to pay the Plaintiff the construction cost under the instant construction contract to the Defendant. 2) Even if the Defendant should pay the construction cost as a result of the completion of the instant construction works, even if the Defendant should pay the construction cost as a result of the completion of the instant construction works, the damages amounting to KRW 15,200,000 for defects arising from the part

B. The Defendant’s assertion completed 70% of the completion of the structural frame of the instant construction. However, the instant construction was suspended due to the Plaintiff’s failure to pay part payments for the completion of the structural frame.

As the Plaintiff finished the structural construction of this case, the part payments of KRW 66,00,000 shall be paid. As such, the Plaintiff finished the structural construction.