1. Gangnam-gu Seoul Metropolitan C neighborhood living facilities and multi-family houses against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 20, 2016, the Plaintiff entered into a contract with the Defendant for construction works under the terms and conditions that the Plaintiff was awarded a contract with the Defendant during the construction period of KRW 1,310,00,000 (excluding value-added tax) and the construction period of KRW 1,310,00,000 (hereinafter “instant construction works”) and from October 24, 2016 to July 30, 2017 (hereinafter “instant contract”). On July 5, 2017, the Plaintiff entered into a contract with the Defendant to extend the construction period of the instant construction period by October 30, 2017.

B. The main contents of the instant contract related to the instant case are as follows.

6. Contract bond: Article 4 (Deposit, etc. for Contract) (1) The plaintiff shall pay, in cash, the contract bond, etc. to the defendant prior to the conclusion of the contract in order to guarantee the fulfillment of contractual obligations;

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. The letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry (the settlement of contract deposit) 1 Article 32 is stated in Article 34, but it appears to be a clerical error under Article 32;

Where a contract is canceled or terminated due to a cause under the subparagraphs of paragraph (1), the contract bond paid under Article 4 shall revert to the defendant.

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

(2) When a contract is terminated or terminated due to any ground set forth in the subparagraphs of Article 35 (1) or performance of the contract is completed, the defendant shall promptly return the contract bond paid pursuant to Article 4 to the plaintiff.

Article 32 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the defendant shall enter into the contract: