1. The Defendant (Counterclaim Plaintiff) paid KRW 31,931,239 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from April 18, 2017 to July 17, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 20, 2016, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant as the construction cost of 340,957,800 won, contract deposit of 51,143,670 won, liquidated damages rate of 1,000 won, September 22, 2016, and December 20, 2016 (90 days from the date of completion) with the date of commencement of construction works (hereinafter “instant contract”).

B. The Plaintiff did not commence the instant construction work on the date of commencement stipulated in the instant contract.

Accordingly, on September 29, 2016, the Defendant sent to the Plaintiff a certificate of content that “the instant contract is terminated on the ground of the breach of the instant contract,” which reaches the Plaintiff around that time.

C. On October 4, 2016, the Plaintiff and the Plaintiff’s representative director E prepared a statement of performance of the construction work in good faith to the Defendant, stating that “The construction work in this case was not commenced on the date of the commencement stipulated in the instant contract is in violation of the instant contract, and thus, it is reasonable in fact.” The Plaintiff and the Plaintiff’s representative director agreed to perform the construction in this case in a timely manner.”

Accordingly, the Defendant accepted the Plaintiff’s commencement of the instant construction work, and the Plaintiff commenced the instant construction work on October 10, 2016.

On October 24, 2016, the Defendant sent a public notice to the Plaintiff stating that “Until a defect occurred during the instant construction works and the cause of the defect is completely extinguished, the instant construction works shall be suspended and the defect shall be repaired promptly,” which reached the Plaintiff around that time.

Accordingly, on October 24, 2016, the Plaintiff suspended the instant construction work.

E. On October 26, 2016, the Plaintiff performed the instant construction project in compliance with the technical consultation and direction of field supervisor and supervisor, but the Plaintiff’s unilateral design change and interference.