1. The standard contract for private construction works concluded on March 5, 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts constituting the premise of the dispute;

A. On December 6, 2011, the Plaintiff awarded a contract to the Defendant for the new construction of the C Ground D Building (hereinafter “instant construction”) with KRW 1.455 billion (including value-added tax; hereinafter the same shall apply), and the Defendant commenced the said construction work around that time.

B. On March 5, 2012, the Plaintiff and the Defendant entered into a modified contract for the instant construction contract (hereinafter “instant contract”). The main contents are as follows.

1) The scheduled completion date: The rate of delay interest for the amount of KRW 1.48 billion (1.40 million on March 15, 2012, KRW 1.550 million on April 30, 2012, KRW 88 billion on April 30, 2012, KRW 300 million on April 15, 2012, and KRW 88 billion on April 30, 2012): The rate of delay interest for the amount of construction: 6% per annum.

C. The Plaintiff paid a total of KRW 600 million to the Defendant for construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. Since June 30, 2012, the completion date of the instant construction project, the Plaintiff completed the construction project at the rate of 90.5%, but failed to complete the construction project, and the Plaintiff’s request to another business operator to complete the construction of the building may require 140 days. As such, the instant construction project was rescinded by delivery of a duplicate of the main complaint.

Therefore, the construction cost to be paid by the Plaintiff to the Defendant is KRW 1,274,240,00 (i.e., the agreed construction cost of KRW 1,408,00,000 x the fixed construction cost of KRW 90.5%). If the Plaintiff deducts the construction cost of KRW 600,000,000 already paid, defect repair cost of KRW 572,00,000,000 due to non-construction and non-performing construction, and liquidated damages of KRW 197,120,000 (i.e., the agreed construction cost of KRW 1,408,00,000 x 140 days x the delayed damages rate of KRW 1/1,000, there remains no remainder of the construction cost to be paid to the Defendant

B. The Defendant completed the instant construction work, and completed the additional construction work equivalent to KRW 136,048,458. Therefore, the Plaintiff’s remaining construction cost = KRW 944,048,458.