1. The removal and transport work of the ship-songjin area concluded on November 20, 2015 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

1. Basic facts common to the principal lawsuit and counterclaim;

A. On November 17, 2015, the Plaintiff: (a) concluded a contract for the removal and transport of the mountain dust from the Army Water Defense Headquarters (hereinafter “Water Defense Headquarters”) for the construction cost of KRW 274,987,00; and (b) from November 17, 2015 to December 24, 2015, for the construction period of KRW 274,987,000; and (c) concluded a contract for the construction cost of the instant construction.

(hereinafter “instant contract”). The construction overall statement of the said contract included KRW 222,868 as “construction machine rental payment guarantee”.

B. On November 20, 2015, the said three-day subcontract agreement was prepared between the Plaintiff and the Defendant during the period from November 20, 2015, which indicated on November 20, 2015, as the name of the construction work, the construction work cost of KRW 18,0840,000 for the construction cost, and the period from November 20, 2015 to December 22, 2015.

(hereinafter referred to as “instant subcontract”). The name, size, quantity, and unit of the specifications attached to the said subcontract are the same as those of the specifications attached to the instant contract, provided that each amount is subordinate written.

C. Meanwhile, on November 24, 2015, the Defendant stated that “construction machinery” column in the standard form for construction machinery lease contract form made by the Fair Trade Commission is “w40-winch” and the column, such as “field”, “use period”, and “use amount,” etc. was blank, and sent the Defendant’s seal impression to the Plaintiff by e-mail.

In the above contract form, the Plaintiff revised the term "construction machine name" as "WYSSN Sedge-Yer", and stated the term "use period" as "from November 21, 2015 to December 20, 2015," and "use amount" as "10 million won (value added tax separate), and then submitted the Plaintiff's seal impression to the non-party Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") (hereinafter "Seoul Guarantee Insurance Co., Ltd.") on November 25, 2015, and accordingly, submitted the Plaintiff's seal impression to the Non-party Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") (hereinafter "Seoul Guarantee Insurance Co., Ltd.") on November 25, 2015.