1. The Defendant (Counterclaim Plaintiff) paid KRW 9,070,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 30, 2018 to January 17, 2019.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On November 13, 2018, the Plaintiff entered into a contract with the Defendant on the condition that the Defendant shall carry out remodeling works within the outer wall of the house in Gyeong-gun, Gyeong-gun (hereinafter “instant construction works”), and that the Plaintiff shall pay the Defendant KRW 77,00,000 as the construction cost (hereinafter “instant contract,” and the contract is referred to as “instant contract”). The main contents of the instant contract are as follows.

The clear clerical error in the main contents of the contract in this case was corrected.

Article 2 [Amount of Construction Work] 7,00,000 won [Period of Construction Work] ① Date of commencement: Article 5 [Period of Construction Work] (2) on November 15, 2018: Date of completion: Article 6 [Conditions for Payment of Price] on December 15, 2018: 1. 40,000,000 won intermediate payment: November 14, 2018. (2) The intermediate payment of KRW 24,00,000 on November 30, 2018. 3 Balance: Article 7 [Scope of Construction Work] on December 13, 200,000 won on December 15, 2018.

Article 14 [Cancellation and Termination of Contracts] (1) The plaintiff may cancel or terminate all or part of the contract for construction where the defendant falls under any of the following subparagraphs:

2. Where it is clearly deemed impossible to complete construction works within the construction period due to any cause attributable to the defendant;

3. Where the defendant is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract;

B. On November 15, 2018, the Defendant commenced the instant construction project according to the instant contract.

However, the instant construction was suspended without completion until December 15, 2018, which was the due date for completion of the construction.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The summary of the Plaintiff’s assertion was that the Defendant received 62,200,000 won in total from the Plaintiff pursuant to the instant contract, but failed to complete the instant construction as stipulated in the instant contract, and the present contract was concluded.