1. The Defendant (Counterclaim Plaintiff) paid KRW 138,610,553 to the Plaintiff (Counterclaim Defendant) and its related amount from May 31, 2016 to April 21, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into a contract between the Plaintiff and the Defendant on May 18, 2015, with the Defendant, KRW 704,00,000 (including value-added tax; hereinafter the same shall apply) for the construction work of the Incheon CLO-based plant from the Defendant.

(2) On May 22, 2015, the Plaintiff and the Defendant concluded a contract under which the construction site of the said contract was changed to Incheon DLT, the construction cost was changed to KRW 818,235,00, and the file construction work was added on November 17, 2015, and the construction cost was also changed to KRW 851,235,000.

(hereinafter referred to as the “instant contract”). The main contents of the instant contract are as follows: (a) the instant contract is relevant to the instant case;

Standard contract for private construction works

1. Construction name: DLOT factory construction (hereinafter referred to as “instant construction”);

2. The construction site: Incheon DLOT;

3. Date scheduled for completion: 150 days from the commencement date.

4. Contract amount: 851,235,000 won - Value-added tax: 773,850,000 won - Value-added tax: 290 square meters x 2,565,000 won (additional amount: 30,000,000 won).

6. Amount completed: Reference to the terms of a special agreement.

7. Rate of liquidated damages: Special agreement on a daily basis 1/1,000 [Modification].

1. The contract amount shall be based on the area of the construction permit, and the construction cost shall be the flat (65,000 won design cost) and the file construction cost shall be 30,000,000 won;

Provided, That it shall be the amount outside of estimate, the number of seals (electric, water, urban gas), separate, and the tampers shall be the application of general earth and sand (in addition to the estimate at the time of rock or file works).

2. The contract price shall be modified as at the time of completion of a building or an increase or decrease in size;

3. The defendant shall pay the payment for the completed portion to the plaintiff as follows:

The amount of a construction contract: After receipt of the starting date of KRW 50,000 for the construction project: KRW 100,000 for the construction project: KRW 460,00,000 for the construction project: the Plaintiff directly receives from the bank at a fair rate after filing an application for a loan with the Defendant’s land. The intermediate payment is KRW 150,000 for the construction project: KRW 150,000 for the intermediate payment.