1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 2010, the Plaintiff entered into a contract with Samsung C&T Co., Ltd. (hereinafter “T&T”) to re-subcontract the said construction work with the said construction work upon receiving a subcontract for the “B lecture production and construction work” from Samsung C&T Co., Ltd. (hereinafter “T&T”) and entering into a subcontract for the said construction work.

Samsung C&T received orders from the Korea Rail Network Authority for the above construction.

B. However, on February 1, 2011, the Taecheon-gu ceased the said sub-subcontracting construction around the end of February, 201. Accordingly, on March 1, 2011, the Plaintiff entered into a basic construction agreement (hereinafter “instant basic construction agreement”) with the Defendant, which re-subcontracts the construction work to the Defendant during the re-subcontracted construction project that was conducted by Taecheon-gu with the Defendant (hereinafter “instant construction project”). The main contents of the instant basic construction agreement are as follows.

Basic Work Agreement

1. 1) Construction name: Items and quantities under the contract: Within the scope of the type of construction prescribed in 1-1, the contract shall be based on an individual subcontract agreement that the plaintiff and the defendant have consulted with each other;

2. The contract period from January 1, 201 to December 31, 2011.

3. The scope of the agreement, and the guidelines for the agreement on individual production works;

6. Other written agreement on individual construction works shall be additionally prepared, and the provisions of the written agreement on individual construction works shall apply mutatis mutandis to the detailed matters of the written agreement on individual construction works.

C. On March 1, 2011, pursuant to the instant basic construction agreement with the Defendant, the Plaintiff entered into the instant primary construction agreement (hereinafter “instant primary construction agreement”) between the Defendant and the installation/field map/non-destructive testing/breination; product and quantity; contract amount of KRW 7,455 tons; contract amount of KRW 2,920,000,00 (value-added tax separate; hereinafter the same shall apply); and the construction period of the individual construction agreement between March 1, 201 and December 30, 2011.

On April 28, 2011, the Plaintiff and the Defendant completed the payment for the completed portion in the Tae-glim-gu.