1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

1. On December 10, 2006, Defendant C entered into a subcontract with the Plaintiff on December 10, 2006, for the installation of equipment and installation works to the system (hereinafter “instant construction works”) from among the ESD projects for remodeling of the E hotel located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant construction works”) at KRW 545,00,000 for the construction cost (excluding additional taxes; KRW 255,291,30 for the equipment cost during the construction period); and for the construction period from December 10 to May 30, 2007.

Defendant C received advance payment of KRW 70 million from the Plaintiff on the same day and continued work.

(A) The Defendant C could not complete the instant construction work until the completion date of the original completion plan ( May 30, 2007) due to the delay or safety diagnosis of the preceding process.

Accordingly, Defendant C requested the Plaintiff to pay the cost of equipment in advance on December 13, 2007, on the ground that the unit price increase in the system control equipment and the risk of short supply, etc., and received KRW 255,291,300 from the Plaintiff on December 13, 2007.

However, Defendant C did not secure equipment even after the receipt of equipment costs, and the construction of the instant construction was suspended from March 26, 2008 to June 25, 2009 under the original contract, which was scheduled to be installed pursuant to the contract of this case, was divided into a landfill-type air conditioner (3.2kW, 115 vehicles in air conditioner capacity) among the air conditioner systems to be installed, making it impossible to install the facility.

On July 17, 2009, after the resumption of the construction, Defendant C installed a cryp type air conditioner (3.2kW with air conditioners) instead of air conditioners attached to the hotel guest room with confirmation of the Plaintiff.

On the other hand, the hotel guest rooms scheduled to be installed as a type of air conditioner according to the instant contract were all installed on the premise of the installation of a camera type air conditioner (Defendant C construction) and a tent construction (construction on the part of the Plaintiff).

After that, the instant construction project had been discontinued and resumed several times, and the Plaintiff was requested by Defendant C around June 2012.