1. The Defendant (Counterclaim Plaintiff) paid KRW 33,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 27, 2015 to September 30, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 13, 2013, the Defendant was awarded a contract for new construction of Chigh School Teachers by the superintendent of education of Ulsan Metropolitan City.

B. Around March 7, 2013, the Defendant entered into a labor contract with the Plaintiff on the condition that the Plaintiff employed and carried out the labor part of the said electrical construction (hereinafter “instant construction”) under the Plaintiff’s responsibility, and the Defendant would pay KRW 273 million in return therefor.

(hereinafter “instant contract”). (c)

On February 2014, the Plaintiff completed all labor parts of the instant construction work.

The Defendant paid the sum of KRW 22,373,00 from June 2013 to January 2014 to the Plaintiff’s employees.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 2 through 10, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. The plaintiff asserted in this lawsuit 1) The plaintiff asserts that the amount unpaid by the defendant out of the contract price of this case is KRW 49.27 million, or that the plaintiff and the defendant agreed to pay the above KRW 33 million and damages for delay. Accordingly, the defendant asserts that, in addition to the payment of KRW 23.73 million out of the contract price of this case, labor costs paid by the defendant are KRW 65,890,940, and there is no payable amount out of the contract price of this case.2) According to the above facts of determination, the defendant's payment out of the contract price of this case is KRW 49.27 million (= KRW 273,000 - KRW 22,3730,000) and there is no evidence to support that the defendant is liable to pay the labor costs directly to the plaintiff under the contract of this case.

Therefore, the defendant is not entitled to the plaintiff.