A. On February 3, 2016, the Plaintiff entered into a construction contract with the counterclaim Defendant to remove the existing building owned by the counterclaim Defendant at the window C of Changwon-si and construct a new building (hereinafter “instant construction contract”).

2) The main contents of the instant construction contract are as follows: (a) the construction period: the construction period from February 27, 2016 to July 21, 2016 (scheduled Date of Commencement) price: KRW 30 million; (b) the terms and conditions for the payment of KRW 30 million; (c) the construction cost of KRW 70 million (after the second floor); and (d) the defect repair period of KRW 50 million; and (e) the defect repair period of KRW 100 million: one year;

B. 1) On February 25, 2016, the counter-party Defendant was granted a building permit for new buildings. 2) The counter-party Defendant suspended the construction after demolishing the existing building, but continued the construction after reporting on the commencement of construction on August 29, 2016.

3) On April 25, 2017, the counterclaim Defendant is the first-class neighborhood living facilities (retail stores) of the first-story reinforced concrete structure, 116.64 square meters of detached houses (multi-family stairs) and 5.45 square meters of multi-family houses (multi-family houses) and 122.09 square meters of multi-family houses (hereinafter “instant building”).

(3) The counterclaim Defendant paid KRW 30 million to the Counterclaim on February 19, 2016, KRW 15 million on August 18, 2016, KRW 200 million on October 20, 2016, KRW 20 million on November 1, 2016, KRW 30 million on November 24, 2016, KRW 30 million on December 24, 2016, KRW 30 million on December 22, 2016, KRW 30 million on December 14, 2016, KRW 20 million on December 14, 2016, KRW 70 million on December 25, 200, KRW 700 on December 26, 2016, KRW 700,000 on July 17, 2017.

2) Under the consent of the counterclaim, the counterclaim Defendant paid KRW 20 million to the subcontractor by means of a direct payment of the construction cost to the subcontractor via D, a field director, with the consent of the counterclaim. 3) As above, the counterclaim Defendant paid KRW 248,50,000 as the construction cost to the counterclaim.

[Ground of recognition] dispute.