1. The Defendant (Counterclaim Plaintiff) paid KRW 69,201,00 to the Plaintiff (Counterclaim Defendant) for KRW 69,201,00 and for this, from October 1, 2015 to April 11, 2018.

1. Basic facts

A. The Plaintiff is a person who runs a non-residential building construction business under the trade name “D” in Ulsan-gu, Ulsan-gu, and the Defendant is a company that runs an plant design and construction business, etc. in Suwon-si E and F.

B. On June 2015, the Plaintiff entered into a contract for construction works as follows with respect to part of the International Machinery and Pipelines located in Ulsan-gu H (hereinafter “instant construction”) that the Defendant and the Defendant contracted from G Co., Ltd. (hereinafter “G”).

(1) On June 30, 2015, the contract amount: 46,00,000 won: 30% (e.g., 14,400,000) for the intermediate payment upon the storage of the materials at 40% (e.g., 19,200,000) : 30% (e., 12,400,000): 30% (e.g., 12,40,000) for the 15th of June 16, 2015 (hereinafter referred to as “instant pipe contract”), 30% of the remainder upon the completion of the work site: 30% (e.g., 12,400,000): 30% of the 60th of the 15th of June 2015 (hereinafter referred to as “the instant pipe contract”), 60% of the 30th of the 60th of the 300th of the 15th of the 206th of the construction site.

C. Each of the above contracts was concluded using the same form of contract (hereinafter “instant contract terms”) and the main contents are as follows.

Article 6 of the contract terms of construction contract [Compensation for Delay] When the plaintiff delays the construction completion date due to a cause attributable to the plaintiff, the plaintiff shall pay to the defendant an amount equivalent to 3/1,000 of the contract amount per day.

Article 16 (Deposit for Performance of Contract) 1 Plaintiff.