1. The Defendant (Counterclaim Plaintiff) paid KRW 31,116,159 to the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2016 to November 10, 2017.

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On January 20, 2014, the Plaintiff entered into a contract between the Defendant and the construction cost of KRW 1,532,157,300 on January 20, 201, and the due date of completion of construction of the building B (hereinafter “No. 1”) with the construction cost of October 19, 2014, the construction cost of KRW 585,072,500 on October 24, 2014, and the due date of completion of construction of the building B’s 4 multi-purpose construction (hereinafter “No. 2 construction”) with each of the contracting parties (hereinafter “each of the instant contract”). The due date of completion of the construction work was changed to March 16, 2015, respectively.

B. On May 29, 2015, the Defendant did not complete each of the instant construction works on May 29, 2015 (hereinafter “each of the instant construction works”), and completed the construction site at the construction site. On July 7, 2015, the Plaintiff notified the Defendant of the cancellation of each of the instant construction works and sent the notification of cancellation to the Defendant at that time.

C. On September 2, 2015, the original Defendant: (a) calculated the progress rate of the primary construction works as 90.2% and the progress rate of the secondary construction works as 91.3%, respectively; and (b) accordingly, concluded a settlement agreement with the effect that “The price of the primary construction works shall be KRW 1,383,346,583 (the contract price of KRW 1,532,157,300 x 90.2/100) and the price of the firearms of the secondary construction works shall be KRW 534,415,560 (the contract price of KRW 585,072,50 x 500 x 91.3/100 x 91.3/100)” (hereinafter “instant settlement agreement”).

[Ground of recognition] Facts without dispute, Gap 2 through 4 evidence, Eul 1 evidence (including additional number; hereinafter the same shall apply), fact-finding results on construction mutual aid associations of this court, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion that each construction at the construction site of this case was completed by the Defendant and was lawfully rescinded according to the Plaintiff’s notification of cancellation according to the steel and flood.

Due to the defendant's delay of construction works, 150 days' 229,823,550 won, 2.