Around November 2013, 2013, Samsung Electronic Co., Ltd. (Counterclaim Defendant) established an external operation of Samsung Electronic Co., Ltd. against the Defendant (Counterclaim Plaintiff).

Basic Facts

On November 2013, the Plaintiff: (a) requested the Defendant to subcontract the instant construction of the instant construction work during the 17-Rare installation work for Samsung Electronic Co., Ltd. (hereinafter referred to as “Cmat case”); (b) and (c) to the Defendant; and (d) requested the Defendant to subcontract the instant construction work.

(2) On January 23, 2014, the Defendant issued a written estimate of KRW 303,00,000 (excluding value-added tax, KRW 165,000 per square meter) to the Plaintiff on January 23, 2014; however, on February 19, 2014, the Plaintiff issued a written order of KRW 273,00,000 (excluding value-added tax, KRW 150,000 per square meter) to the Defendant and signed the said written order (hereinafter “instant order”), and the main contents are as follows.

Terms and Conditions of Payment: 90% per month, 10% after trial run: Payment from November 29, 2013 to June 30, 2014, in principle, the above terms and conditions of payment, and the rate of payment per month shall be determined according to the rate of on-site sales in us.

Special matters: 30% Plaintiff of down payment to the Defendant: 32,670,000 won under the pretext of part of the down payment on March 6, 2014, and the same year

4. 30. A total of KRW 142,890,000 (including value-added tax) including 110,220,000 for progress payments until March of the year.

[Ground of recognition] In the absence of dispute, Gap 3, 5 evidence, Eul 2's each statement, the whole purport of the pleading, and the plaintiff's assertion of the purport of the whole pleading, the court below did not have any obligation to the defendant under the contract of this case.

The Plaintiff did not pay the remaining contract amount even until April 30, 2014, and, even thereafter, the Corporation continued to postpone indefiniteness and waited for the Defendant.

Ultimately, the instant contract was terminated by the Defendant as it was impossible to achieve the purpose of the contract due to the Plaintiff’s nonperformance of obligation.

Therefore, the Plaintiff’s amount reduced by ① 56,430,00 won for the Defendant’s payment of down payment, ② amount reduced by the estimate amount from the catable quantity 10,020.