A. Around May 2015, the Lessee entered into a construction contract with the Counterclaim Defendant, under which the Counterclaim Plaintiff entered into a contract with the amount of KRW 63,000,000 (excluding value-added tax) for retaining walls and filling-up works, road packing works, drainage works, etc. on the Gyeonggi-gun C Forest land (hereinafter “instant land”).

B. On March 30, 2016, the Plaintiff completed most of the construction works, but failed to complete a part of the construction work, such as road packaging, due to disputes between the owners of the surrounding land at the construction site. On March 30, 2016, the instant confirmation document stating that the construction balance amount is KRW 40,000,000, excluding part of the construction work type (i.e., Columine construction work, type of measuring equipment construction work) under the said construction work contract, was prepared,

Written Confirmation

1. To recognize 40 million won as the cost for retaining walls and civil engineering works of Yangyang-gun C;

(Separate Table of Value-Added Tax). Within 2.6 months, 50% shall be paid to the Lessee and the remainder shall be paid to the Lessee in the following six months.

3. Both parties shall not take civil or criminal matters.

☆ 계약서에 있는 데로 반소원고는 공사 마무리한다

(Completions before the pipeline construction, between retaining walls)

C. Until December 20, 2017, the Lessee completed the road package and retaining wall construction, which is the completed type of construction as set out in the above written confirmation, and recovered construction materials and delivered the instant land to the Counterclaim Defendant.

【Uncontentious facts, Gap’s evidence 1, 2, and Eul’s evidence 5 (including where there is a serial number; hereinafter the same shall apply), each of the images of Eul’s evidence 1, 6, and 7

2. According to the above facts finding as to the cause of the claim, the counterclaim Defendant is about the promotion of the lawsuit, etc. from December 21, 2017 to October 25, 2018, which is the date the instant construction work is completed, with respect to the existence and scope of the counterclaim Defendant’s obligation to pay for the counterclaim amounting to KRW 44,00,000, including value-added tax, and from the following day to the date of full payment.