1. The termination of a contract entered in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 3, 2015, the Plaintiff entered into a contract for the instant construction contract with the Defendant for reinforced concrete construction works among the new apartment construction works of Samsung-si, Sejong-si, for the construction cost of KRW 435 million and the construction period from November 4, 2015 to February 29, 2016. The Plaintiff entered into a special agreement with the following terms and conditions (hereinafter “instant construction contract”).

(a) Matters specially entered into an alley agreement;

1. Payment within seven days after submitting performance bond 1) : Payment within seven days after submitting performance bond 30 million won: payment within seven days after removing the third floor of the third floor 3: payment within seven days after the non-compliance: payment within the seven days after completing the 10 million won: payment within the seven days after completing the 10 million won: the sum of KRW 120 million in total; KRW 435 million; and KRW 20 million in total; the Plaintiff entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. and issued the above performance guarantee bond to the Defendant around November 20, 2015; and around that time, the Defendant paid the Plaintiff KRW 10 million in total, and KRW 10 million in total to C who is the steel business operator of the instant construction project; and KRW 10 million in total.

B. No. 1 of the instant agreement, D, E, and C representing the Plaintiff, which ceased the instant construction on or around November 26, 2015, and the Plaintiff agreed to pay the remainder KRW 2.8 million to C, a steel business entity, and the remainder KRW 3.2 million (hereinafter “instant agreement”).

(2) Around that time, the Plaintiff prepared and delivered a written waiver to the Defendant that “The instant construction is waived, and all of the wage, material cost, etc. arising from the party site are responsible for the Defendant.” The Defendant does not claim any total wage, material cost, etc.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4 evidence, Eul 1, 2, 3, and 10 evidence, Eul's testimony, witness Eul's testimony, witness D's partial testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff paid KRW 20 million to the Plaintiff around November 20, 2015, but the Plaintiff thereafter.