1. On May 21, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 100,000 to the Defendant (Counterclaim Plaintiff) for KRW 119,170,000,00 and thereafter, from August 31, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 30, 2014, the Defendant entered into a contract between the Plaintiff and the Plaintiff to subcontract civil engineering and reinforced concrete construction works (hereinafter “instant subcontracted construction works”) among the construction projects of Ysan-si (hereinafter “instant prime contractor”) contracted by the Korea Environment Corporation (hereinafter “instant prime contractor”).

The important contents of the instant construction contract are as follows.

The construction period: The contract amount between May 30, 2014 and June 4, 2015: Article 14 of the main sentence of KRW 1110,300,000 (Suspension of Modification or Suspension of Construction) ① Where the contents of construction are modified or added at the request of the project owner or his/her modification of design, etc. or the temporary suspension of the whole or part of construction, A shall deliver a modified contract, etc. to B in advance.

Article 25 (Cancellation and Termination of Contract) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the contract concerned when the contract is not performed within the said period after demanding the performance of the contract in writing, fixing a reasonable period:

6. Where the period of suspension of construction works under Article 14 (1) is at least 50/100 of the total period of construction works;

B. On June 24, 2014, the Defendant paid KRW 128.1 million to the Plaintiff as advance payment of the instant subcontracted project.

C. While the Plaintiff was carrying out the subcontracted project in this case, the Korea Environment Corporation, the main contractor, ordered the discontinuance of the project on the grounds of civil complaints filed by nearby residents at the construction site. The Plaintiff, who was contacted with the Defendant, suspended the subcontracted project on August 13, 2014.

Until the discontinuance of the above construction work, the progress payment for the subcontracted construction of this case is 12,6530,000 won, and the Plaintiff received KRW 117.6 million from the Defendant and paid the same.

The advance payment of 8930,000 won was appropriated for the progress payment and received all the progress payment.

E. The Defendant is the case from the Korea Environment Corporation around December 2014.