1. The plaintiff (Counterclaim defendant)'s main claim and the main claim are all dismissed.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff A is widely known as the FF company located in Busan Jin-gu E, Busan, and the plaintiff B is the auditor of the FF company. The defendant C is the representative of G, who is engaged in trade in stone related to the Buddhist, and the defendant D is the spouse of the defendant C.

B. On November 25, 201, Plaintiff B and Defendant C: (a) drafted a contract agreement with Plaintiff B as the contractor; (b) from November 25, 201 to December 12, 2012, 360,000 won for construction work; and (c) Defendant D guaranteed Defendant C’s obligation under the instant contract with respect to the instant construction agreement.

C. On September 5, 2012, Plaintiff B and Defendant C drafted a modified contract under which the instant construction work should be completed within 45 days from October 19, 2013 to October 45, 2013 (hereinafter “the first modified contract”) by changing the construction period from December 14, 2013 to February 2, 2014 (hereinafter “the second modified contract”). D.

Defendant C was paid KRW 570,760,000 in total as the construction cost of the instant case.

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

2. The parties' assertion

A. The Plaintiffs’ instant contract was concluded between Plaintiff B and Defendant C on behalf of the Plaintiff, and the construction cost of the instant construction is KRW 360,000,000.

However, Defendant C received a total of KRW 570,760,000 as the construction cost of this case, and thus, Defendant C was jointly and severally with Defendant D, the guarantor, and the difference between the Plaintiff A and the Plaintiff.