2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

A. The Plaintiff is a company running a so-called “brine restaurant” (hereinafter “instant restaurant”) that provides meals to workers at neighboring construction sites under the trade name “D” in the Manam-si, Sungnam-si, and the Defendant is a company that received subcontracting from E Co., Ltd. to perform the relevant construction work (hereinafter “instant construction work”).

B. Around May 2, 2017, the Plaintiff and the Defendant agreed to provide meals to the Defendant’s on-site manager and his/her family members at the instant construction site manager and to pay the meal cost (hereinafter “instant contract”). From May 2017 to September 6, 2017, the Plaintiff provided meals to the Defendant’s on-site manager and his/her family members at the instant construction site.

C. From September 7, 2017, the Plaintiff posted a notice to the restaurant entrance of this case that “B ceases meals for which food costs have not been settled,” and suspended the Defendant’s provision of meals to the construction site manager and the human body.

In addition, around that time, the Plaintiff’s claim against the Defendant was based on the head of Suwon District Court Branch 2017Kadan202, which was KRW 71,150,450 against the Defendant as the preserved right, and applied for provisional attachment on the Defendant’s deposit claim against G Co., Ltd. and received a provisional attachment order on September 27, 2017 from the said court.

As of September 6, 2017, the food balance to the plaintiff by the defendant as of September 6, 2017 is the total of KRW 71,150,450 and KRW 9,852,700, which were not included in the above provisional seizure claim amount and KRW 81,03,150.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 3 through 6, the video and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the principal claim, the defendant shall pay to the plaintiff the food balance of 81,003,150 won and damages for delay, unless there are special circumstances.