1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 5, 2015, the Plaintiff and the Defendant concluded the instant contract for construction work (hereinafter referred to as the “instant contract”) with the Plaintiff as the contractor with respect to the construction work for electric source housing (hereinafter referred to as “instant construction work”), with the Defendant as the contractor, with the contract price of KRW 150,000,000 (the advance payment of KRW 10,000 won, intermediate payment of KRW 60,000,000 on March 27, 2015, the second intermediate payment of KRW 60,000 on April 15, 2015, and the remainder of construction work, KRW 20,000,000 on March 5, 2015, the completion date of construction, and from March 5, 2015 to June 10, 2015.

B. On July 17, 2015, the Plaintiff paid the Defendant a total of KRW 130 million to the Defendant, but the Defendant was unable to complete the instant construction by the date of completion agreed upon. On September 11, 2015, the Defendant drafted a written performance statement to the Plaintiff that “on September 11, 2015, the Plaintiff decided to complete the instant construction from March 9, 2015, and did not have completed the said construction on June 10, 2015, due to delay in the contractual relationship with the authorization and permission. The owner paid KRW 130 million out of the construction cost of KRW 150,000,000, and the construction was delayed until September 30, 2015, the Defendant would not raise a civil or criminal objection.”

C. On September 14, 2015, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

The contractor shall complete the instant construction before September 30, 2015 and shall be the completion key.

If the contractor fails to complete the construction by the deadline, it shall be paid 150,000 won per day by the date of completion.

Where the construction does not proceed by the above deadline, the contractor may terminate the contract.

At this time, the contractor shall waive all the expenses incurred in the construction work that has been conducted and refund the construction cost of KRW 130 million to the contractor.

In addition, the contractor shall waive all the construction work of the construction site, deliver the site to the contractor, and even if the contractor continues to perform the construction work, the contractor shall be punished.