1. The Defendant (Counterclaim Plaintiff) paid KRW 109,961,250 to the Plaintiff (Counterclaim Defendant) and its related amount from March 18, 2017 to July 20, 2018.

Facts of recognition

On April 30, 2014, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) with respect to construction works that newly build urban-type residential housing (hereinafter referred to as “instant construction works”) on the ground of Gangnam-gu Seoul Metropolitan Government D, setting the contract amount as KRW 2,100,000 (including value-added tax).

C During the process of the instant construction, the construction was suspended on December 15, 2014. On February 13, 2015, the Plaintiff and the Plaintiff agreed to set the progress payment amount to KRW 623,300,000 until the time of the discontinuance of the construction ( December 15, 2014).

On July 3, 2015, the Plaintiff concluded a construction contract (hereinafter referred to as the “construction contract in this case”) with the Defendant on the remaining portion of the instant construction project: ① contract amount: 1,440,945,000 won (including purchased value-added tax; hereinafter the same shall apply), ② the construction period: from July 3, 2015 to January 31, 2016; ③ advance payment: no progress payment: ④ cash payment; ④ cash payment as of the end of the following month; ⑤ cash payment: 5% of the contract amount; 6% of the total construction contract amount; 1/1000 x the remainder of the construction contract (hereinafter referred to as “instant construction contract”).

Of the general conditions of the instant construction contract (hereinafter “general conditions”), the contents related to this case are as follows.

Article 16 (Extension of Work Period) (1) In cases falling under any of the following subparagraphs, the air may be extended:

1. When there is a rain or any other similar weather change;

2. Natural disasters, war, or other force majeure cases;

3. Where the cause of change of the construction site has occurred.

4. A delay in the air due to the plaintiff's circumstances, reputation or causes attributable to him;

(2) If the construction period is extended under the provisions of paragraph (1) of this Article, the additional expenses resulting therefrom shall be determined through consultation between the plaintiff and the defendant.

Article 22 (Deposit for Contract) (1) The defendant shall conclude this contract.