1. The Defendant (Counterclaim Plaintiff) paid KRW 48,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from July 21, 2015 to January 13, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts alleged below the facts are either in dispute between the parties or in accordance with the overall purport of Gap evidence Nos. 1 to 9 and the entire purport of the pleadings, and the parties’ arguments contrary thereto are rejected unless otherwise determined.

On July 29, 2014, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) with regard to multi-family houses and new neighborhood living facilities on the ground and on one parcel, Yan-gun, Chungcheongnam-gun, and Yannam-gun, and one another.

1) Construction period: Contract amount of KRW 480,00,000 - Contract deposit of KRW 20,000,000 on August 4, 2014: / 80,000 upon completion of construction permit and commencement thereof - KRW 60,00,000 upon completion of construction permit and completion of construction permit - KRW 60,00,000 upon delivery of the third floor concrete - KRW 60,00,00 at the time of completion of construction work (at the time of completion of interior interior interior interior interior interior interior interior interior interior interior, equipment, and others, etc.) 130,00,000 at the time of completion of construction (priority payment) - Rate of KRW 130,00,000 on March 1, 100 per day;

B. From April 11, 2014 to December 9, 2014, the Plaintiff paid the Defendant KRW 300,000,000 as the construction price under the instant contract.

C. The Plaintiff did not pay the construction cost to the Defendant due to the Defendant’s creditors’ attachment or provisional attachment against the Defendant’s claim for the construction cost against the Plaintiff, and the Plaintiff notified the Defendant that the contract of this case was terminated on January 31, 2015 as the Defendant ceased construction on and around December 10, 2014.

After filing the instant lawsuit, the Defendant resumed the construction work under the instant contract, and continued the construction work until April 2015.

The plaintiff paid 65,240,000 won directly to the creditors of the defendant.

The defendant's construction progress rate was 88%, and 26,603,000 won was added to the original construction cost.

The instant contract was lawfully terminated.

2. Determination on the main claim

A. The plaintiff's assertion.