1. The Plaintiff (Counterclaim Defendant) paid KRW 263,715,910 to the Defendant (Counterclaim Plaintiff) and its related amount from September 19, 2014 to January 21, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 25, 2013, the Plaintiff entered into a construction contract with the Defendant, setting the construction cost of KRW 649,00,000 (including value-added tax) and the construction period from July 25, 2013 to October 15, 2013 with respect to the construction of a factory building A and B-dong (hereinafter “instant construction”).

As a special condition of the instant construction contract, the Plaintiff and the Defendant imposed a penalty for delay at KRW 700,00 per day when it is impossible to complete the construction project until October 15, 2013, and the remainder of the construction project is to be completed by October 30, 2013.

B. During the construction process of the instant case, the Plaintiff entered into an additional construction contract with the Defendant to additionally construct Cdong (hereinafter “A, B, and C”) as “instant factory building,” and the construction cost was to be settled later.

C. The Defendant received from the Plaintiff KRW 70,00,000 on August 13, 2013, and KRW 192,00,000 on September 17, 2013, and KRW 59,000 on October 18, 2013, and KRW 167,00,000 on October 222, 2013, and KRW 10,000 on November 22, 2013, and KRW 10,000 on December 5, 2013, and KRW 10,000,000 on December 5, 2013, and KRW 50,000 on December 17, 2013, as construction price.

On June 3, 2014, the Defendant transferred the claim KRW 11,050,000 out of the instant construction cost to Busan High Court (hereinafter “Seoul High Court”) on June 3, 2014, and notified the Plaintiff of the transfer of the claim on August 8, 2014.

In addition, around August 2014, the Defendant transferred the claim KRW 14,900,000 out of the construction price of the instant case to D, and around that time, notified the Plaintiff of the transfer of claim.

E. On August 14, 2013, the Defendant sold the 19,708,000 sn beam beamline at the instant construction site to E, and on the same day, spent KRW 8,696,000 while disposing of wastes, etc. caused by factory fire at the instant construction site.

F. The Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the construction cost for Bosung Cons, and the Plaintiff’s performance of the joint and several surety obligation on September 4, 2015.