1. The Plaintiff (Counterclaim Defendant) paid KRW 351,990,600 to the Defendant (Counterclaim Plaintiff) and its related amount from November 28, 2015 to January 18, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 24, 2013, the Defendant entered into a interior contract with the Plaintiff and Bwa Holdings Corporation (hereinafter “instant construction”) with respect to the interior construction work (hereinafter “instant construction”), wherein the interior construction contract amounting to three months after the completion of the construction period, two thousands of construction amount, two hundreds of construction amount,00,000,000 won (including value-added tax), and three-one hundreds of liquidated damages rate.

In the course of the Defendant’s construction of crowdfunding, DF (hereinafter “DF”) who had been in charge of construction of crowdfunding was suspended from construction due to financial pressure. The entire construction was delayed, and the Defendant entered into a contract on January 2, 2014 with the Plaintiff and the instant construction period from April 24, 2013 to March 31, 2014 with the effect that the construction period of the instant construction would be delayed.

(hereinafter “instant construction contract”). Article 22 (Compensation for Delay) (1) When the Plaintiff fails to complete the construction work within the contract, the Plaintiff shall pay to the Defendant the amount calculated by multiplying the contract amount by the liquidated damages for delay (hereinafter “compensation for delay”) for each number of days without 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 25 (Conclusion, etc. of Contract by Defendant) (1) In cases falling under any of the following subparagraphs, the Defendant may cancel or terminate all or part of the contract:

1. Where the Plaintiff fails to commence construction works even after the agreed date for commencement has elapsed without justifiable grounds;

2. Where it is evident that the plaintiff has no possibility to complete construction works within the contract period due to a reason attributable to him/her.

3. Where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms and conditions of the contract by the plaintiff.

§ 27.