1. The Plaintiff (Counterclaim Defendant) paid KRW 84,596,090 to the Defendant (Counterclaim Plaintiff) and its amount from July 5, 2016 to November 23, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 2015, the Plaintiff entered into a contract with the Defendant for the following (hereinafter “instant contract”) with respect to the “C New Construction Work” (hereinafter “instant construction work”) which constructs a new factory (hereinafter “instant building”) on the ground that the Defendant and the Sungsung-si B entered into the said contract:

- Construction period: From April 3, 2015 to July 30, 2015 - Construction cost: 608,300,000 won (including value-added tax): 182,490,000 won after basic construction: 182,490,000 won after foundation construction; 182,490,000 won after foundation construction; 121,660,000 won after foundation construction; and 121,60,60,000 won after completion;

B. The Defendant completed the instant construction and obtained approval for the use of the instant building on January 21, 2016.

C. From May 22, 2015 to August 11, 2015, the Plaintiff paid the Defendant KRW 486,640,000 in total as the construction price of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including the relevant branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) As to the claim for liquidated damages, the Plaintiff asserted that, as the Defendant had completed the instant construction project on January 21, 2016, from July 30, 2015 to January 21, 2016, the scheduled date for completion of the instant construction project, the Plaintiff was obligated to pay the liquidated damages amounting to KRW 106,452,50 (i.e., the rate of liquidated damages pursuant to the construction industry’s practice (=608,300,000 x 1/1,000 x 175 days) and the delay damages therefrom.

In regard to this, the Defendant did not have an agreement on liquidated damages at the time of the instant contract, and the construction was delayed on the wind that had been completed around October 2015 by the preceding construction, and the completion inspection of development activities on the instant building site located in the planned management area was conducted around December 24, 2015, and the approval for use of the instant building was delayed, and there was no construction site due to the Defendant’s fault.

(2) The determination of the penalty for delay shall be made.