1. The Defendant (Counterclaim Plaintiff) paid KRW 68,714,355 to the Plaintiff (Counterclaim Defendant) and its amount from September 14, 2016 to November 9, 2018.

1. Basic facts

A. On August 17, 2015, the Plaintiff entered into a construction contract with the Defendant on September 30, 2015, with respect to the construction of a multi-household house (hereinafter “instant multi-household house”) with the size of five stories above the ground and five stories below the ground located in Yangcheon-gu Seoul (hereinafter “instant construction contract”) (hereinafter “instant construction contract”). On September 30, 2015, the scheduled date for completion of construction works, February 27, 2016, the construction cost of KRW 600,000 (value added tax is stipulated under a separate special agreement) and the construction cost of KRW 0.1% below the liquidated damages rate (hereinafter “instant contract”).

Among the terms and conditions of the standard contract for construction works, which are the contents of the instant contract (hereinafter “instant general terms and conditions”), the contents related to the instant case are as follows.

Article 27 (Compensation for Delay) (1) "B" shall, when the construction work has not been completed within the deadline for completion, pay to "A" the amount calculated by multiplying the contract price by the rate of the liquidated damages in the contract (hereinafter referred to as "compensation for delay") for each number of days immediately.

Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to any of the following causes, the penalty for delay equivalent to the number of relevant days shall not be paid:

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to A;

4. Where construction is delayed due to any cause not attributable to B’s liability, Article 39 (Matters of Special Agreement) (6) Additional Tax shall be set as additional tax on 50% of the housing construction cost (material cost) and neighborhood living facilities shall be 10%. (b) At the time of the conclusion of the instant contract, the Plaintiff and the Defendant concluded the instant contract, stating that “5% of the value of the housing portion during the instant construction, and 10% of the value of the supply for neighborhood living facilities, shall be paid as respective value-added taxes” (hereinafter “instant Special Agreement”).

(See Article 39(6) of the General Conditions in this case.

The Plaintiff’s instant case between the Defendant and April 14, 2016.