1. The Plaintiff (Counterclaim Defendant) paid KRW 973,708,144 to the Defendant (Counterclaim Plaintiff) and its related amount from April 6, 2019 to May 31, 2019.

1. Basic facts

A. On September 6, 2017, the Plaintiff concluded the instant construction contract (hereinafter “instant construction contract”) with respect to the new construction (construction and fire fighting) of the economic business premises of the Defendant and B Cooperatives (hereinafter “instant construction”).

Contract amount: The contract amount of KRW 312,593,00 for fire fighting of KRW 2,137,407,00: the contract amount for delay from September 11, 2017 to March 10, 2018: 1.5/1,000 for the day of delay per day from September 11, 2017.

B. The Plaintiff failed to complete the instant construction project by March 10, 2018 under the instant construction contract, and requested the Defendant to extend the construction period by May 20, 2018.

Accordingly, on April 17, 2018, the Plaintiff and the Defendant concluded a contract to change the construction period of the instant construction contract from September 11, 2017 to May 20, 2018.

C. However, the Plaintiff failed to complete the instant construction even until May 20, 2018, and the Defendant notified the Plaintiff that the instant construction contract was terminated on August 9, 2018.

On October 19, 2018, the Defendant conducted a preliminary examination on the instant construction works in the presence of C Cooperatives, and as a result, the Plaintiff was calculated as KRW 2,022,623,950.

E. The Defendant paid a total of KRW 2,004,709,000 to the Plaintiff as the construction cost of the instant construction contract.

F. On November 16, 2018, the Defendant, with the claim for liquidated damages against the Plaintiff 484,122,685 won against the Plaintiff, set off the Plaintiff’s claim for liquidated damages against the Defendant 17,914,950 won (i.e., Plaintiff’s claim for liquidated damages against the Defendant (i.e., KRW 2,022,623,950 - KRW 2,004,709,000), and accordingly, notified the Defendant that the Defendant left 46,207,735 won.

G. Meanwhile, the Defendant on March 7, 2019 and

3. 8. The subcontractor, who received a subcontract for the instant construction project from the Plaintiff and received a subcontract for the instant construction project from the Plaintiff, subrogated the total amount of KRW 507,50,409 to the subcontractor who has a claim for the subcontract price.