1. The Defendant (Counterclaim Plaintiff) paid KRW 95,239,300 to the Plaintiff (Counterclaim Defendant) and its related amount from June 25, 2013 to June 11, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 14, 2012, the Plaintiff and the Defendant concluded a contract for the construction of a temporary building (hereinafter “instant contract”) with the head of Busan Dong-dong 62-6 Ground Motor Vehicle Construction Co., Ltd. (hereinafter “instant construction”) with the following content:

Contract amount: The construction period of KRW 610,000 (including value-added tax): the advance payment from December 17, 2012 to April 17, 2013: 122,00,000: 30% after the completion of the 1st floor, 30% after the completion of the steel frame, 20% at the time of completion inspection, and the main contents of the general conditions of the standard contract for private construction works applicable to the instant contract are as follows:

Article 31 (Cancellation, etc. of Contract A) (1) A (the plaintiff, hereinafter the same shall apply) may cancel or terminate all or part of the contract in any of the following cases:

2. The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying B of the cancellation or termination of the contract when A fails to perform the contract within the specified period after the Party B determined and notified B in writing the period for performance.

Article 32 (Cancellation, etc. of Contract) (1) B may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs:

2. When the period of suspension of construction due to any cause attributable to A exceeds 50/100 of the construction period specified in the contract; and

3. Where it is deemed clearly impossible to appropriately perform construction works because Party A has failed to perform the terms and conditions of the contract without justifiable grounds.

B. On December 17, 2012, the Plaintiff paid advance payment of KRW 122,00,000 to the Defendant under the instant contract.

C. After the amendment of the instant contract, the Plaintiff and the Defendant were to delay the commencement of construction due to the addition of banking construction costs on May 9, 2013 and due to the owner’s circumstances.