1. The Plaintiff (Counterclaim Defendant) paid KRW 204,820,000 to the Defendant (Counterclaim Plaintiff) and the amount from November 1, 2017 to February 7, 2018.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On June 21, 2017, the Plaintiff, who is the contractor of the New Airport Construction Corporation (hereinafter “instant construction”), entered into a contract with the Defendant on the contract amount of KRW 506,000,000 (including value-added tax) of the said construction of machinery and equipment among the aforementioned construction works (hereinafter “instant contract”).

B. Under the instant contract, ① the payment of the price shall be made on the last day of the following month after the end of each month according to the progress of the construction, and ② the amount of 20% of the completion shall be paid within 45 days after the completion of the construction (the non-issuance of warranty bonds).

【Reasons for Recognition Gap’s Evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. On the following grounds, the Plaintiff’s assertion reveals that there is no obligation of the Plaintiff under the instant contract.

1) The Plaintiff is obligated to pay only the construction cost for the portion that was completed to the Defendant, as the instant construction work was suspended due to the termination of the project owner’s contract. The Defendant filed a claim for the construction cost for the portion that was not completed. 2) Since the Defendant did not deliver the warranty bond to the Plaintiff, the amount equivalent to 20% of the total construction cost shall

3 In the construction cost to be paid by the Plaintiff to the Defendant, ① damages arising from the Defendant’s nonperformance of the obligation to complete the construction work, ② damages arising from the Defendant’s defect in the construction part must be deducted respectively.

B. The Defendant’s assertion that the Plaintiff did not pay KRW 204,820,000 among the construction cost incurred until September 30, 2017 to the Defendant. As such, the Plaintiff is obligated to pay the above amount and delay damages.

3. Determination

A. We examine whether to cancel the instant contract, and there is no dispute between the parties as to the fact that the instant construction was interrupted, but there is no evidence to acknowledge that one of the parties exercised the statutory or contractual right of rescission on the grounds of the other party’s fault, etc.