1. The Defendant (Counterclaim Plaintiff) paid KRW 5,337,69 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from January 7, 2015 to April 12, 2016.

1. Facts of recognition;

A. On December 2013, the Plaintiff concluded a subcontract on the part of civil engineering and landscaping works (hereinafter “instant subcontract”) among the facility works for the mobilization of military units located in Seocho-gu Seoul Metropolitan Government, which were contracted by the Defendant and the Defendant from the Armed Forces Finance Management Board (hereinafter “instant subcontract”). The subcontract price for subcontracted works was set at 95% of the construction cost to be received by the Defendant from the Armed Forces Finance Management Board.

B. The Plaintiff commenced the instant construction work on December 12, 2013, but discontinued this on January 16, 2014, and requested the Defendant to increase the subcontract price.

C. Accordingly, on February 22, 2014, the Defendant agreed with the Plaintiff to partially increase the subcontract price, and drafted a written contract on the instant subcontract with the Plaintiff, and the main contents thereof are as follows.

The name of construction: The period of construction of earth and sand works among facility works, such as the mobilization of 0 military units: the contract amount from December 12, 2013 to June 25, 2014: 363,880,000 won (including value-added tax): The rate of liquidated damages for delay: 3%: 1/1000

D. On February 21, 2014, the Plaintiff resumed the instant construction. On February 28, 2014, the Plaintiff filed a claim against the Defendant for construction cost of KRW 81,753,000 on the basis of the period from December 12, 2013 to February 26, 2014.

On March 4, 2014, the Defendant settled the construction cost of KRW 55,000,000 on the basis of the period of the Plaintiff and the said period, and paid KRW 55,000,000 to the Plaintiff on the same day.

E. On March 5, 2014, the Plaintiff completed only the external sewage, excellent water, and water supply pipeline construction among the instant construction works, and completed the construction work at the construction site of this case.

F. From July 5, 2014, the Defendant directly executed the remaining parts of the instant construction works, and completed the instant construction works on October 31, 2014.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, Eul evidence Nos. 4, Eul evidence No. 8, Eul evidence No. 10, Eul evidence No. 13 (including each number), witness Gap's testimony and the purport of the whole pleadings

2. Determination as to the principal claim.