1. The Defendant (Counterclaim Plaintiff) paid KRW 36,943,061 to the Plaintiff (Counterclaim Defendant) and its related amount from December 18, 2012 to July 23, 2015.

Facts that the principal lawsuit and counterclaim shall be deemed together;

A. On October 31, 2011, the Plaintiff was awarded a contract (hereinafter “instant construction contract”) with the Defendant to perform the following construction works (hereinafter “instant construction works”) among the new construction works of multi-family house C, and the details of the relevant contract are as follows.

The date of commencement: The contract amount of KRW 100,00,000 for the advance payment: 50,000 for the advance payment: 50,000,000 for the advance payment for the contract on December 31, 2011: The date of completion: 25,00,000 for the advance payment for the completed payment: At the time of constructing a first floor slab concrete, 25,000,000 for the completion payment for the first floor and concrete, and 25,00,000,00 for the advance payment for the completion: The construction shall be executed immediately after consultation with all matters

Details of construction: Earth (soil up to earth, earth filling, soil transport, arrangement of buildings environs), foundation and retaining and retaining walls (breaking of structure sites, fresh, steel processing and assembling, concrete tasption), packing fixtures ( concrete packaging, auxiliary filling, snow mosption, and transport of auxiliary aids), electricity engineering (temporary power and floor electric facilities), installation and purification facilities (the first floor facilities and septic tanks), material fixtures ( concrete, auxiliary shock, steel bars, and posption).

B. On September 6, 2012, the Defendant notified the Plaintiff of the purport that the instant construction contract will be terminated ten (10) days after the date of the suspension of the instant construction work, and no intention to resume the construction.

C. Meanwhile, the Defendant paid the Plaintiff KRW 75,000,000 as construction price under the instant construction contract.

[Grounds for recognition] The Defendant’s assertion of the parties to the dispute as to the facts without dispute, Gap’s evidence Nos. 1, 3, 21, Eul’s evidence Nos. 15, and the purport of the whole pleadings, and the Plaintiff’s assertion that the design was modified several times, and paid only KRW 70,370,000 to the Plaintiff, even though the Plaintiff added construction work equivalent to KRW 75,00.

Therefore, the defendant is obliged to pay the remaining construction cost of KRW 95,370,000 to the plaintiff and delay damages.

Since the construction work of this case was delayed due to the plaintiff's responsible reasons, the construction contract of this case was rescinded according to the defendant's notification of cancellation.

On the other hand.