1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 2013, 2013, the Plaintiff and the Defendant concluded a subcontract on the part of civil engineering and landscaping works (hereinafter “instant subcontract”) among the facilities works for the mobilization of military units located in Seocho-gu Seoul Metropolitan Government Armed Forces (hereinafter “instant construction works”). The construction cost that the Defendant received from the Armed Forces Finance Management Board was set as 95% of the construction cost that the Defendant received.

B. The Plaintiff commenced the instant construction work on December 12, 2013, but discontinued this on January 16, 2014, and requested the Defendant to increase the subcontract price.

C. Accordingly, on February 22, 2014, the Defendant agreed with the Plaintiff to partially increase the subcontract price, and drafted a written contract on the instant subcontract with the Plaintiff, and the main contents thereof are as follows.

The name of construction: The period of construction of earth and sand works among facility works, such as the mobilization of 0 military units: the contract amount from December 12, 2013 to June 25, 2014: 363,880,000 won (including value-added tax): The rate of liquidated damages for delay: 3%: 1/1000

D. On February 21, 2014, the Plaintiff resumed the instant construction. On February 28, 2014, the Plaintiff filed a claim against the Defendant for construction cost of KRW 81,753,000 on the basis of the period from December 12, 2013 to February 26, 2014.

On March 4, 2014, the Defendant settled the construction cost of KRW 55,000,000 on the basis of the period of the Plaintiff and the said period, and paid KRW 55,000,000 to the Plaintiff on the same day.

E. On March 5, 2014, the Plaintiff completed only the external sewage, excellent water, and water pipes construction among the instant construction works, and completed the first withdrawal from the construction site of this case.

F. On April 2014, the Defendant requested the Plaintiff to resume the instant construction. Accordingly, on May 2, 2014, the Plaintiff was completely dismissed at the construction site of the instant case among the Dos, where the Plaintiff had been engaged in installing a drainage channel for the part of the L-type retaining wall U-type Section.

G. From July 5, 2014, the Defendant directly executes the remaining part of the instant construction works, as from July 5, 2014.