1. The Plaintiff (Counterclaim Defendant)’s appeal on the principal lawsuit of this case and the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On May 29, 2005, the Plaintiff entered into a contract for the construction work of a new construction work of the ground C&D factory (hereinafter “instant construction work”) with the construction period from June 1, 2008 to October 20, 2008 (including value-added tax) (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The rate of liquidated damages for delay in the contract of this case: 10% of the contract price per each type of work for warranty of defects by the unit of work for warranty of 3/100, 10% of the reinforced concrete construction work for warranty of defects by the unit of work for warranty of 3/100, 10% of the waterproof construction work for 5 years, 10% of 10%, and 16% of 3 years (Extension of the construction period).

(2) Upon receipt of a request to extend the contract period under paragraph (1), the defendant shall promptly investigate and verify such fact and take necessary measures, such as extension of the contract period, so that the Corporation may appropriately perform the Corporation.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 21.

(4) Where the defendant has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the same extension.

Article 25 (Payment of Price) (1) After passing a completion inspection by the defendant, the plaintiff may adjust the construction site and claim the payment of the construction price to the defendant without delay, such as the removal or removal of surplus materials, wastes, temporary facilities, etc.

(2) The defendant shall pay the construction price to the plaintiff simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

Article 27 (Compensation for Delay) (1) The plaintiff has not completed the construction work within the deadline for completion.