1. The Plaintiff (Counterclaim Defendant) paid KRW 478,356,633 to the Defendant (Counterclaim Plaintiff) and its related amount from November 1, 2013 to April 20, 2015.

1. Basic facts

A. On February 10, 201, the Plaintiff (construction executor) and the Defendant (project owner) concluded a construction contract that stipulates that the Plaintiff will substitute the processing of earth, sand, and rock in a contract site for construction work with respect to civil engineering work among D market development projects conducted by the former and the latter E and the latter (hereinafter “instant construction contract”). From February 4, 2011 to June 10, 201, construction period is from February 4, 2011 to June 10, 2012; and the construction cost is a substitute for the Plaintiff

On May 13, 201, pursuant to Article 9 of the construction contract, the Plaintiff issued a performance guarantee insurance policy of KRW 500,000,000 from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) and submitted it to the Defendant.

B. On May 19, 201, the Plaintiff and the Defendant drafted an additional agreement and added the provisions of Article 14 (Disposition of Contract Bond) to the instant construction contract, stating that “if the contract is terminated or terminated due to any cause under the subparagraphs of Article 7 of the Construction Contract, the entire contract bond paid pursuant to Article 9 shall be reverted to the Defendant.”

C. On September 14, 2011, the Defendant notified the Plaintiff that the construction contract was cancelled due to the Plaintiff’s failure to complete the construction work within the construction period, and affixed the following seals.

9. 15. Seoul Guarantee Insurance Claim.

After that, on October 14, 201, the Plaintiff and the Defendant concluded the first modified contract to change the scope and period of construction of Article 1 among the contents of the instant construction contract, and the Defendant revoked the claim for insurance proceeds against the Seoul Guarantee Insurance.

The modified contents are as follows:

(The bottom part of the construction contract is an amended matter). The bottom part should be consistent with the construction plan drawings submitted at the end of the construction work, which shall enable vehicle access after gathering earth and rocks on the scope of the primary modified contract for the construction contract, net E, and F, and after gathering earth and rocks on the construction plan (in conformity with the plan drawings of the construction plan submitted at Ycheoncheon-si) to protect the legal surface, and which shall enable vehicle access after gathering earth and rocks on the seed and fallen released facilities E and F forest at the end of the construction work, provided that: