1. All appeals filed by the Plaintiff (Counterclaim Defendant) and incidental appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. By an appeal.

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On February 24, 2009, the Defendant, which entered into the instant contract, announced a designated competition on the ground surface of 7,079m2 (hereinafter “instant site”) for the construction of the first underground floor and the fifth floor church hall on the ground surface of Gwangju Mine-gu (hereinafter “instant site”). At the time, the Defendant, as an enterprise holding a license for the construction of civil engineering and construction works, demanded that the Defendant be an enterprise that can procure part of the construction cost at the request of the Defendant, as an enterprise that has the license for the construction of civil engineering and construction works.”

On April 15, 2009, the Plaintiff entered into a contract with the Defendant for the construction project of this case with the contract amount of KRW 13 billion (including value-added tax; hereinafter the same shall apply) and the construction period from May 25, 2009 to August 25, 2010. However, 10% of the down payment is paid as advance payment, and 70% of the down payment is paid as progress payment once a month according to the confirmation of the inspector, and the remaining 30% was paid after completion (hereinafter the “instant contract”).

On March 12, 2009, prior to the conclusion of the instant contract, the Plaintiff submitted a “written confirmation of capability to mobilize construction cost” to the Defendant that, when executing the instant construction by ordering the construction to be executed, the construction cost of KRW 4 billion can be procured and completed. On April 15, 2009, prior to the date of the conclusion of the instant contract, the Plaintiff submitted a “a written agreement on the financing of construction cost” to the effect that the Defendant will raise the amount of KRW 4 billion out of the instant construction cost, and that the construction cost will be received within two years according to the Defendant’s financial situation.

Meanwhile, the phrase “tender for the Construction Project” attached to the instant contract was written as a reinforced concrete and a partial steel structure; the designer was written as GA engineering architectural firm (hereinafter “GA”); and the method of the construction contract was written as a package contract; and attached thereto.