1. The Defendant (Counterclaim Plaintiff) paid KRW 14,196,160 to the Plaintiff (Counterclaim Defendant) and its related amount from March 1, 2016 to March 3, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 5, 2015, the Plaintiff awarded a contract to the Defendant on the basis of the construction cost for the construction of the Daegu Jung-gu Ground Living Facilities (including value-added tax), “162,80,000 won”, “from May 26, 2015 to August 15, 2015”, and “the rate of penalty for delay fixed at the standard rate of the Construction Association”.

(hereinafter referred to as the “instant construction”) b.

On December 2, 2015, with respect to the portion (a total floor area of 137.06 square meters) up to three floors of a new building in accordance with the instant construction project, approval for use was granted on December 2, 2015, and the portion for extension of the fourth floor (an additional area of 45.85 square meters) has been granted on January 25, 2016.

C. During the dispute regarding the instant settlement of construction completion, the Plaintiff and the Defendant corrected the locks of the new building on March 8, 2016, and reported 112 to the Plaintiff, and thereafter the Plaintiff was handed over the new building.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 6, 12

2. Main elements;

A. The Plaintiff asserted that the instant construction work is a new construction of the fourth-story building, and that the completion of the construction of the construction of the fourth-story building was delayed due to the cause attributable to the Plaintiff, such as the Defendant’s construction of a new building over the boundary, causing disputes with neighboring landowners, etc., and that, from August 15, 2015 to September 5, 2016, the procedure for the inspection of completion by the Plaintiff was not implemented, the Plaintiff is obligated to pay the delayed payment for the total amount of KRW 5,796,00 for 377 days and the delay damages.

The Defendant had the scope of the instant construction work up to the fourth floor and thereafter extended the roof of the fourth floor for the Plaintiff’s necessity. The instant construction work was delayed when removing and reconstructioning the fence three times due to dispute over the boundary between the Plaintiff and the neighboring land owners. As the instant construction work was approved for use on December 2, 2015, the Defendant was not liable for delay to the Defendant, and even if the Defendant’s delayed liability is recognized, compensation for delay is scheduled to pay damages.