1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant’s construction contract 1) The Plaintiff (contractor) determined the construction cost of KRW 37,800,000 as between June 12, 2015 and the Defendant’s (contractor) and the construction period of KRW 17,80,00, and the construction period from June 11, 2015 to July 4, 2015 (hereinafter “instant construction contract”).

(2) The Defendant did not complete the instant construction by July 4, 2015, which was the expiration date of the construction period stipulated in the instant construction contract.

3) The Plaintiff paid 30,000,000 won to the Defendant out of the instant construction cost. (B) The Plaintiff asserted that, despite the Plaintiff’s continued demand of the Plaintiff, the instant construction contract was rescinded due to the Defendant’s failure to complete the instant construction work even after the completion of the instant construction work, and filed an application for arbitration with the Defendant for payment of KRW 30,000,000 for the construction cost paid to the Defendant and the delayed payment of KRW 103,950,000 from July 5, 2015 to August 28, 2015 (No. 1511-0176).

2) The Defendant also filed a counterclaim against the Plaintiff (No. 1511-0201) seeking payment of the remainder of KRW 7,800,000 for the instant construction work with the Korea Commercial Arbitration Board (No. 1511-0201). 3) The arbitral tribunal constituted the KCA and conducted arbitral proceedings with the sole arbitrator’s arbitration in Seoul, and the arbitral tribunal dismissed the Plaintiff’s application on December 21, 2015, and rendered an arbitral award identical to the attached sheet citing part of the Defendant’s counterclaim.

(hereinafter “instant arbitral award”). C.

Article 32 (Form and Contents of Arbitration Award) (2) of the relevant Rules of the Arbitration Act shall state the grounds for the award.

Provided, That this provision shall not apply where there exists an agreement between the parties or a settlement award under Article 31.

Article 36 (Lawsuit for Setting Aside of Arbitral Award) (1) An action for setting aside an arbitral award shall be brought to the court.