1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit shall be dismissed.

(b).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. After remand, the plaintiff filed an appeal against the plaintiff as to the claim of the principal lawsuit among the judgment of the court prior to remand. The defendant filed an appeal against the part against the defendant as to the claim of the principal lawsuit and the counterclaim among the judgment of the court prior to remand.

However, the judgment of remand reversed and remanded the entire part of the judgment of the court prior to the remand and only the part against the defendant due to a offset among the counterclaim claims, and dismissed the defendant's appeal concerning the remaining part of the counterclaim claims.

Therefore, the remainder of the defendant's counterclaim except the offset defense is excluded from the judgment of the court after remanding the case. The whole of the plaintiff's main claim and the part concerning the offset defense among the defendant's counterclaim claims remain subject to the judgment of the court after remanding the case.

2. Basic facts

A. On July 18, 2007, the Plaintiff entered into a contract for construction works with the Defendant (hereinafter “instant contract”) with the following content while receiving a new construction of “E farm” and its ancillary construction from the Defendant (hereinafter “E farm”)

【Contents of Contract for Construction Works】

1. Period of construction: July 23, 2007 on the date of commencement, and November 23, 2007 on the date of completion: 700,000,000 won (including value-added tax);

3. Method of paying the down payment: 70,000,000 won shall be paid immediately after the contract is concluded, and once a month in the intermediate payment, and 50,000,000 won in the intermediate payment, respectively, within 240 days after the work completion is completed.

4. Warranty liability period: One year; and

5. Compensation for delay: The amount equivalent to 1/100 of the price for construction per day of delay; and

6. Other matters, the Plaintiff, in accordance with the terms and conditions of this Agreement, shall perform the construction work in accordance with the specifications and drawings and specifications.

1-2 The plaintiff shall deal with the production and construction with prior permission of the defendant, if the conditions of site location and structural changes inevitably occur in the process of production and construction.

1-3 It shall be due to the change of the Corporation.