1. The Defendant (Counterclaim Plaintiff) paid KRW 4,281,891 to the Plaintiff (Counterclaim Defendant) and its related amount from October 11, 2018 to January 11, 2019.

(2) The Plaintiff requested the change of the term of construction on August 25, 2016, and the Plaintiff sent to the Defendant a letter demanding the re-construction on September 3, 2016, by changing the term of construction to September 3, 2016.

F. On September 5, 2016, the Defendant: (a) failed to complete the instant construction project due to lack of funds necessary for the instant construction project, such as costs for purchasing air conditioners and telecommunications fire-fighting equipment; and (b) requested the Plaintiff to change part of the remainder in advance to interim term; and (c) on October 5, 2016, the Plaintiff and the Defendant entered into a modified contract to change the terms of the instant construction contract as follows.

(hereinafter “First Amendment Contract”). The remainder of the payment method from June 1, 2016 to July 31, 2016 on June 1, 2016 to October 13, 2016: 30% of the contract amount: At 30% of the contract amount (103,709,100 won): At the rate of 60% of the contract amount, 30% of the contract amount (103,709,100 won): The remainder of the payment method from June 1, 2016 to July 31, 2016: 40% of the contract amount (138,278,800 won) after completion of the completion inspection; and construction with the second walls.

G. Around October 13, 2016, the period of the instant construction contract was changed to “from June 1, 2016 to October 28, 2016” and the Plaintiff and the Defendant entered into a modified contract allowing the Defendant to move into the instant building by October 21, 2016, notwithstanding the first modified contract.

The second amendment contract is called ‘the second amendment contract'.

(h) The Defendant did not perform the work, such as air conditioners and telecommunications and fire-fighting equipment, among the instant construction works, despite having been paid on October 17, 2016 under the first modified contract, even though the intermediate term of KRW 103,709,100 under the first modified contract was paid on October 17, 2016. On October 20, 2016, the Plaintiff’s letter of demand (Evidence 11 was issued, and on October 21, 2016, performed some work, such as installation of air conditioners, and suspended the instant construction work by October 22, 2016.

hereinafter referred to as "the discontinuance of construction of this case"

(b).