1. The Defendant (Counterclaim Plaintiff) paid KRW 17,514,892 to the Plaintiff (Counterclaim Defendant) and its related amount from March 28, 2017 to December 13, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On January 20, 2015, the Plaintiff entered into a management services contract. The Plaintiff is a “B” building located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon (total floor area of 8,861.66m2, hereinafter “instant building”).

2) The Defendant, a managing body, entered into a management service agreement with the Defendant, which stipulates the service cost of KRW 856 per square meter of the instant building for sale (excluding value-added tax) and the term of the contract from February 1, 2015 to January 30, 2020 (hereinafter “instant management service agreement”).

(2) On January 28, 2016, the Defendant agreed to change the service cost to KRW 898.4 won per 1 square meter according to the minimum wage increase in January 28, 2016.

B. On December 7, 2016, the former president of the Defendant: (a) transferred the president’s duties to E on December 7, 2016; (b) the Defendant, from that time, requested the Plaintiff to submit explanation and data about various items of the Plaintiff’s management activities so far; and (c) the Defendant, on February 14, 2017, issued a notice to the Plaintiff that “the period of the instant management services contract is not recognized until January 30, 202; and (d) the Defendant cannot be recognized as the period of the instant management services contract, as the grounds for termination under the instant management services contract, such as the Defendant’s failure to perform the management services, etc., arose, and thus the instant management services contract is terminated.” At that time, the said notice was delivered to the Plaintiff.

3) On or around March 3, 2017, the Plaintiff removed the instant building from the said building. [The fact that there is no dispute over the grounds for recognition, each entry in the evidence Nos. 2 through 5, and the purport of the whole pleadings.]

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion 1) The defendant unilaterally notified the plaintiff of the termination of the management service contract of this case although the grounds for termination under the management service contract of this case did not arise. Thus, the defendant is liable to pay a penalty for breach of contract under the proviso to Article 18 of the management service contract of this case.