1. The defendant (Counterclaim Plaintiff)'s bankrupt D and E Ground C D with the Gangwon-gu Senior Construction Co., Ltd.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 3, 2013, No. 2013, the Defendant entered into a contract (hereinafter “instant construction contract”) under which the Defendant entered into a contract for the construction of Gangwon-gun D and E Ground Cridge (hereinafter “instant construction contract”). Of the terms and conditions of the standard contract for private construction works attached to the contract and the construction contract, the part related to the instant case is as follows.

(‘A’s “B” and “B” refers to the Defendant, and “B” refers to the date of commencement: The construction cost on December 31, 2013: the contract deposit amount of KRW 2,853,00,000 (including value-added tax): the contract deposit rate of KRW 285,30,000: 1/1,00 [General Conditions of Standard Contract for Private Construction Works] and Article 4 (Contract Deposit) (1) of the Act shall be paid in cash, etc. to A before the conclusion of the contract to guarantee the performance of the contract.

Provided, That this shall not apply where a contract deposit is agreed not to pay the contract deposit under this agreement with A and B.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Where a contract is rescinded or terminated due to any cause provided for in the subparagraphs of Article 5 (Disposition of Contract Bond) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to Party A;

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 31 (Cancellation, etc. of Contracts A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to B.