1. The Defendant (Counterclaim Plaintiff) paid KRW 292,702,930 to the Plaintiff (Counterclaim Defendant) and its payment from April 4, 2012 to July 24, 2013.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company engaged in civil engineering and building business, and the Defendant is a company engaged in marine leisure sport business, cultural business, and sports event business.

B. On October 17, 201, the Plaintiff was awarded a contract with the Defendant for civil engineering works (including value-added tax) at KRW 1,936,00,00 (hereinafter “instant construction works”) among the construction works for constructing a maritime sports facility on the public water surface line in front of the 759-1, Song-dong, Busan, Busan, Daegu, for the construction of a marine sports facility, at the rate of KRW 1,936,00,000 for the construction cost, from October 18, 201 to February 4, 2011, with the construction period of KRW 1/1,000 for delay compensation.

C. On January 28, 2012, the Plaintiff, while performing the construction work in accordance with the said contract (hereinafter “instant contract”), suspended the construction work on January 28, 2012. On the same day, the Plaintiff sent to the Defendant a construction cost reduction agreement and a written withdrawal of the waiver of the construction work. The said contract and the written withdrawal of the waiver of construction reached the Defendant around that time

Since then, the non-party SDR Co., Ltd. (hereinafter “SD Construction”) contracted from the Defendant for the part of the instant construction work that the Plaintiff did not perform after suspending the construction, and completed the construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 19, 20 (including, if any, the number is included), Eul evidence Nos. 1, 9, and 13, and the purport of the whole pleadings

2. Determination on the main claim

A. As to the cancellation of the instant contract, the Plaintiff’s assertion 1 on January 12, 2012 and the Defendant paid the Plaintiff the actual cost of construction up to the time, and the Defendant agreed on the construction adjustment agreement to waive the remainder after the completion of the remaining construction work. Accordingly, on January 28, 2012, the Plaintiff sent the construction cost reduction agreement and the construction waiver note to the Defendant. As such, the instant contract was concluded on January 28, 2012 or the Defendant.