1. The Plaintiff (Counterclaim Defendant) paid KRW 100,353,770 to the Defendant (Counterclaim Plaintiff) and its related amount from December 23, 2017 to October 18, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) The Plaintiff is a personal business operator who performs construction works. (2) On September 15, 2015, the Plaintiff entered into a construction contract with the Defendant to newly construct commercial housing at KRW 800 million for the construction cost.

3) On January 11, 2016, the Defendant entered into a construction contract with the Defendant on February 15, 2016, wherein the Plaintiff entered into a construction contract with the Plaintiff, taking into account the fact that construction cost increases in the construction cost, etc. in accordance with the design drawings as permitted with the Defendant on February 15, 2016.

(hereinafter “instant construction contract”). The Plaintiff appears to have lent its license to a company with no comprehensive construction business license.

The Plaintiff, under the name of the Defendant and D Company, drafted a written contract for a construction project identical to the instant construction contract.

However, the plaintiff and defendant do not dispute the fact that the party to the contract is the plaintiff and the defendant.

The main contents of the instant construction contract are as follows.

Article 2 Payment of Contract Deposit: The first installment payment of KRW 120 million (at the time of conclusion of a contract): the second installment payment of KRW 100 million (after the construction of the first floor), the second installment payment of KRW 100 million (after the construction of the second floor): the second part payment of KRW 100 million (after the construction of the second floor): the remainder of KRW 100 million (after the construction of the third floor): the remainder of KRW 100 million (after the construction of the fourth floor): the construction period of KRW 325 million (within three months after the completion of the construction): the construction period of Article 3 shall be within 180 days from the date of permission for the construction.

Provided, That in any of the following cases, the period of construction may be changed under mutual agreement between the plaintiff and the defendant:

1. When a natural disaster or any other similar cause occurs;

2. If Article 12 was amended by the defendant's plan or by the amendment of the related laws and regulations, Article 12, the plaintiff delayed the work without any justifiable reason, the compensation for delay equivalent to 1/1,000 of the construction amount shall be paid to the defendant every day.

Article 14 The completion of construction works shall be fully examined and confirmed by the defendant and shall be found to be defective.