1. The Defendant (Counterclaim Plaintiff) paid KRW 1,159,589,974 to the Plaintiff (Counterclaim Defendant) and its related amount from January 27, 2016 to June 7, 2016.

1. Basic facts

A. The Plaintiff is a contractor who has been awarded a contract with the Defendant for the construction (hereinafter “instant construction”) of a new hotel with two hotels of the instant hotel located in Gangnam-gu Seoul and D (hereinafter “instant hotel”), and with a hotel located on the C’s ground among the instant hotel, and with a hotel located on the D’s ground (hereinafter “D hotel”). The Defendant is a contractor for the instant construction, and E is the Defendant’s father.

B. The Defendant entered into and terminated a contract between the Defendant and F Co., Ltd. (hereinafter “F”) on August 28, 2014, and the Defendant is only F Co., Ltd. (hereinafter “F”).

As to the instant construction project, “the construction period: from September 2, 2014 to September 30, 2015,” “the contract amount: 5,600,000,000 won (in the absence of any special reference, value-added tax is an amount excluding value-added tax, or an amount for which value-added tax is not at issue)” and “the compensation rate for delay: 0.1% of the contract amount calculated by multiplying the number of delayed days: G entered into a contract for construction as “0.1% of the contract amount by the number of delayed days” with F on November 28, 2014, deeming that “F has no ability to perform the instant construction any longer,” and entirely terminated the contract for the instant construction project as of November 28, 2014. F agrees to waive and settle the instant construction project and sent content-certified mail to the owner of the construction or his agent (G) an agreement.

C. (1) On November 2014, E requested H, the representative director of the Plaintiff, to request the Plaintiff, to perform the instant construction work that the Defendant had concluded with F to perform. As such, the Plaintiff commenced the instant construction work from December 26, 2014 to March 13, 2015. (2) As to the instant construction work between the Defendant and the Defendant on March 13, 2015, the Plaintiff began to perform the instant construction work. As to the instant construction work, “the construction period: from December 26, 2014 to October 31, 2015,” “the total amount of KRW 6,034,00,000 = C hotel’s hotel’s hotel’s “2,572,000,000,000 = 3,462,000.”