1. The Defendant (Counterclaim Plaintiff) paid KRW 20,597,749 to the Plaintiff (Counterclaim Defendant) and its related amount from January 17, 2013 to April 28, 2016.

1. Basic facts

A. On May 31, 2012, the 32th Army Team No. 2162 unit (hereinafter “project owner”) awarded a contract to the Defendant for the Military Life Improvement Corporation (hereinafter “instant construction”) for KRW 841,619,450 at the price.

(hereinafter referred to as “original contract”). (b)

On July 13, 2012, the Defendant subcontracted the instant construction work to the Plaintiff at KRW 691,064,00 (82.11% of the original contract amount).

(hereinafter “subcontract.” In the above subcontract, the Defendant agreed to pay the subcontract price to the Plaintiff within 30 days after receiving the progress payment from the ordering person.

C. From July 14, 2012, the Defendant commenced the instant construction, but suspended the construction without completion.

According to the original contract, the Defendant received payment of KRW 643,340,00 from the ordering person on June 15, 2012, and KRW 75,387,230 on October 26, 2012, and KRW 392,053,00 on December 17, 2012 ( KRW 643,340,230) from the ordering person.

E. The Plaintiff received a total of KRW 295,259,000 from the Defendant during the period from August 6, 2012 to January 11, 2013 under the subcontract agreement.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul 14 evidence, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion was as follows: (a) the construction of the instant case was suspended on January 9, 2013; and (b) the flag rate up to that point is 47.4%.

Although the defendant asserts the reduction of the construction cost on the ground that the plaintiff did not perform his/her duties concerning various matters, such as temporary works, during the construction process at the above-mentioned rate, it is without merit.

Therefore, the Defendant is obliged to pay to the Plaintiff KRW 32,305,336, which deducted KRW 295,259,00, which was paid from the Defendant’s payment of the subcontract price (i.e., KRW 691,064,00 x 47.4%) from the Defendant’s payment of the subcontract price (i.e., KRW 32,305,336, which was paid from December 18, 2012, and damages for delay that was paid by the Defendant from December 17, 2013, which was paid by the ordering person.