1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 33,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 19, 2015 to January 19, 2016.

Basic Facts

Around February 2014, the Plaintiff entered into a contract with the Defendant for the civil engineering works for the creation of electric source housing site (hereinafter “instant civil engineering works”) and for the sale of lots (hereinafter “sale of lots”) on the ground of the instant land (hereinafter “instant contract, etc.”) as the owner of the land outside C and 18 parcels (hereinafter “instant land”). Around February 2014, the Plaintiff entered into an oral contract with the Defendant for the construction works for the creation of electric source housing site (hereinafter “instant civil engineering works”).

The Plaintiff and the Defendant agreed on May 31, 2014 that the period for completion of the instant civil engineering works shall be May 31, 2014, and the Plaintiff shall pay the Defendant the expenses actually incurred by the Defendant for construction and the profits equivalent to 20% of the said expenses.

From January 2014, the Defendant had been conducting a construction exhibition to create a “D Electric Village Complex” on the instant site from January 2014.

From March 2014 after the conclusion of the instant contract, the Defendant performed the instant civil engineering works, but from May 2014, the Defendant discontinued the said civil engineering works on or around June 10, 2014 due to a dispute over the settlement of construction costs between the Plaintiff and the Plaintiff.

From April 2014 to July 7, 2014, the Defendant carried out the business of advertising the sale of the “D Electric Village Complex” and counseling.

The Plaintiff paid KRW 200,000,000 on April 1, 2014 regarding the instant contract for construction, etc., and KRW 50,000,000 on April 8, 2014, and KRW 40,000 on April 29, 2014, and KRW 10,000,000 on May 21, 2014.

On April 11, 2014, the Defendant entered into a contract with the Sejong Industry Co., Ltd. (hereinafter “S-type industry”) to supply ready-mixed at the site of the civil engineering works of this case (hereinafter “instant ready-mixed supply contract”). On the same day, the Plaintiff jointly and severally guaranteed the Defendant’s obligation under the above ready-mixed supply contract for the third-party industry.

The Class III industry is against the plaintiff.