1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 46,565.

1. Facts of recognition;

A. The Plaintiff, through auction on July 26, 2013, purchased land at auction, and completed the registration of ownership transfer on the same day.

B. On May 29, 2014, the Plaintiff entered into a contract for construction works with the Defendant for the construction of accommodation facilities on the instant land (D hotel construction works; hereinafter “instant construction works”) at KRW 3.3 billion (including value-added tax) and the date of commencement of construction works on July 30, 2014, and awarded a contract for construction works on the instant land.

(A) The Plaintiff entered into the instant contract with the Defendant (hereinafter “instant contract”). The instant contract was concluded between the Plaintiff and the Defendant (hereinafter “instant contract”).

Of the instant contracts, the part relating to the instant case is as follows.

Article 22 (Cancellation, etc. of Contract A) (1) A (referring to the plaintiff; hereinafter the same shall apply) may cancel or terminate all or part of the contract in any of the following cases:

1. Where a Eul (referring to a defendant; hereinafter the same shall apply) fails to commence construction works despite the lapse of the agreed date of commencement without any justifiable ground;

2. Where it is evident that there is no possibility of completing construction works within the completion date due to the grounds referred to in subparagraph (b).

3. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the contract terms of Eul.

(3) B shall, upon receiving the notification under paragraph (2), observe the following matters:

1. He shall suspend the construction without delay and remove all the construction machinery from the construction site;

2. The remainder and loans of materials for payment under Article 8 shall be promptly refunded to A.

Article 23 [Cancellation, etc. of Contract B] (1) B shall cancel or terminate all or part of the contract in any of the following cases: