1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) on 749,018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 7, 2012, the Plaintiff entered into a contract for construction works with the Defendant, and the Plaintiff entered into a contract for construction works under the terms and conditions that the construction works among the “construction works for the 1,700,000,000 construction cost” (including value-added tax) and the “construction works for the 1,700,000,000 construction cost” (including value-added tax) and the “construction works” (hereinafter “instant contract”) from June 20, 2012 to September 15, 2013, and the “instant construction works” among the standard subcontract agreements (Evidence 1 and 8).

The main contents of the instant contract are as follows.

Article 24 (Performance Delay) (1) When the plaintiff fails to complete the construction works within the deadline for completion as stipulated in the contract, the contract amount shall be paid to the defendant with the penalty for delay as stipulated in the contract and the number of delayed days (hereinafter referred to as "compensation for delay") as agreed upon in the general terms and conditions of the subcontract for construction works (Evidence No. 1 and 8).

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant number of days shall not be included in the number of delayed days:

1. Where it is caused by typhoon, flood, other bad weather, war or incident, earthquake, fire, riot, harbor closure, quarantine, restrictions on access to security, etc.;

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

6. Where delay is caused by any other cause not attributable to the plaintiff's liability, Article 25 (Cancellation and Termination of Contracts) (1) In any of the following cases, the defendant or the plaintiff may cancel or terminate the whole or part of the relevant contract, if the contract is not performed within the said period after demanding the performance of the contract in writing, fixing a reasonable period:

2. Grounds for the negligence of the plaintiff, such as dishonor and bankruptcy;