1. The Defendant (Counterclaim Plaintiff) paid KRW 67,335,387 to the Plaintiff (Counterclaim Defendant) and its related amount from April 4, 2015 to February 18, 2016.

1. Facts of recognition;

A. Nonparty B borrowed a construction license from Nonparty D to accept the instant construction work of reinforced concrete (hereinafter “instant construction”) among the said construction works from the Defendant awarded a contract for a new construction work ordered by the Korea Water-Power Corporation, as an individual business operator engaging in the construction business, and Nonparty B entered into the instant construction subcontract with the Defendant on April 9, 2012 under the name of Nonparty D.

B. On April 12, 2012, the Plaintiff sold part of the temporary materials to be used at the construction site of this case to B, and leased the temporary materials, such as water pumps, to be used at the construction site of this case (hereinafter “instant lease”); thereafter, some of them were returned; and the Plaintiff was not returned part of the temporary materials, including the temporary materials listed in the attached list (hereinafter “instant movable”).

In other words, the items and quantities of the instant movable property kept by the Defendant are within the scope of the items and quantities of the non-repaid temporary materials that were leased at the construction site of this case but failed to be returned, and the difference between the items and quantities was the same and the difference between the items.

C. B while continuing the instant construction, the construction was suspended on September 2012, and the Plaintiff requested the Defendant to suspend the use of the instant movable property on September 13, 2012 immediately thereafter, and notified D of the suspension of use of the instant movable property on October 29, 2012.

B and D left the construction site of this case, and the Defendant occupied the construction site of this case and directly performed the construction work.

On December 3, 2012, the Plaintiff received a decision against D to prohibit the possession, transfer, and provisional disposition of corporeal movables in relation to the instant movable. On December 13, 2012, the Plaintiff was unable to execute the said decision on December 13, 2012, on the ground that the Defendant, not D, who is the debtor of the said provisional disposition, possessed the instant movable, and was different in the possession of the object subject to execution.

The plaintiff raised objection against the defendant and D on February 12, 2013.