1. The Plaintiff (Counterclaim Defendant) paid KRW 31,678,00 to the Defendant (Counterclaim Plaintiff) and its related amount from June 20, 2013 to April 16, 2014.

The main lawsuit and counterclaim are also examined.

1. Basic facts

가. 원고는 ‘B’라는 상호로 토목공사업을 하는 사람이고, 피고는 토목건축공사업 등을 목적으로 설립된 주식회사이다.

B. On November 18, 2010, the Defendant was awarded a contract to KRW 9,135,140,000 for the construction work regarding “the project to raise the bank for agricultural reservoir in the Dong area” by the permanent residents of the Korea Rural Community Corporation and its branch offices.

(Last, the construction cost was changed to KRW 8,878,79,00 on November 29, 201, and KRW 9,299,989,00 on February 24, 2012, respectively). After that, the Defendant subcontracted the civil engineering work among the construction works in relation to the said project to Songak Construction Co., Ltd. (hereinafter “ Songak Construction”) on December 22, 2010.

C. In addition, around April 201, the Defendant entered into a contract under which the instant construction contract was awarded to the Plaintiff the contract for the cancer project (hereinafter “instant construction contract”) among the said civil construction works (hereinafter “instant construction works”). The instant construction contract included the following matters.

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3. Contract amount: 2,00 /Sgd., 2,00 /Sgd., c., c., c., and 1 (Matters agreed upon);

1.In the event of a change in volume or modification, it shall be settled in accordance with the above change in volume.

2. The amount resulting from the increase or decrease of volume shall be calculated with a agreed unit price;

3. “B” (the Plaintiff of this case; hereinafter referred to as “B”) shall carry out the construction in accordance with the terms and conditions of the agreement and related books (detaileds, drawings, specifications, etc.).

4.If any cost incurred due to the mistake in “B” and any delay in construction has caused obstacles to the overall process, a reasonable amount shall be deducted from the amount of progress payment for “B” in consultation with each other.

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D. The Plaintiff, from May 201 to November 2012, 201, reduced the number of rocks on the ground surface pursuant to the instant construction contract from May 201 to November 201, to ensure that water contained in a reservoir is discharged into a certain channel (Hydrological) with a view to construction work 1,950 square meters, and with a view to discharging water contained in a reservoir as a water control channel with a female soil.