1. The Defendant (Counterclaim Plaintiff) paid KRW 6,100,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 30, 2014 to March 16, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Around August 13, 2013, the Defendant concluded a remodeling construction contract on the Plaintiff’s ground D-based housing (hereinafter “instant housing”) under the name of Chungcheongnam-gun (hereinafter “instant housing”) with the construction cost of KRW 53 million, the construction period from August 14, 2013 to October 13, 2013, setting the rate of compensation for delay per day from August 14, 2013 to October 13, 2013 as 3/1,000 of the construction cost, and the design drawings and estimates at the time were not prepared.

At the time of the above contract, the Defendant agreed to transfer the key to the Plaintiff upon completing the construction of all the construction works (turn ke base).

On August 22, 2013, the Plaintiff and the Defendant agreed to implement additional civil engineering works related to the said remodeling works, and to pay the construction cost of eight million won (including value-added tax).

(B) The Plaintiff paid the Defendant the construction cost of KRW 61 million from August 13, 2013 to October 10, 2013 (i.e., KRW 5 million for remodeling construction work cost of KRW 53 million), value-added tax 4.3 million and KRW 25,500,000,000, in comparison to the drilling of the instant construction work, to the Defendant (i.e., KRW 53 million for remodeling construction work cost of KRW 53 million).

On December 2, 2013, the Defendant had ceased the instant construction work and escaped.

The Defendant was prosecuted for criminal facts, etc. that “after the conclusion of the instant contract by deceiving the Plaintiff without any intent or ability to complete the instant construction work, thereby deceiving the Plaintiff,” and was sentenced to imprisonment with labor for three years and two months and fine by the Daejeon District Court 2014No3270 on January 21, 2015, and the said judgment became final and conclusive around that time.

(hereinafter referred to as “instant criminal case”). 【No dispute exists; substantial facts in this court; Gap 1 through 4; 14; 17; witness E; witness E; the result of the original questioning; the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s principal domicile was suspended by the Defendant.