1. The Defendant (Counterclaim Plaintiff) paid KRW 26,196,341 to the Plaintiff (Counterclaim Defendant) and its related amount from May 19, 2016 to May 31, 2017.

Facts of recognition

A. On July 28, 2015, the Plaintiff entered into a contract with the Defendant for construction of a newly built multi-household house C in Seodaemun-gu Seoul (hereinafter “instant building”) owned by the Defendant (hereinafter “instant construction”) (hereinafter “instant contract”) with the amount of KRW 471,380,00 (excluding value-added tax), completed amount of KRW 25% of the second floor of the Alleyry, 25% of the completion of the Alleyry, 25% of the completion of the Alleyry, 25% of the completion of the completion of the construction, “25% of the completion of the construction,” and the completion of the completion of the construction of the instant building (hereinafter “instant contract”) on December 14, 2015.

B. Around August 2015, the Plaintiff began the instant construction work, and received KRW 15,00,000 as down payment from the Defendant on August 22, 2015 and KRW 16,000 on September 16, 2015, and received KRW 105,000,000 for the first time payment on September 21, 2015, and KRW 105,000 for the second time payment on October 20, 2015, and KRW 105,00 for the second time payment on November 30, 2015.

C. Around December 2015, the Plaintiff discontinued the instant construction work on the ground that the Defendant did not pay the remainder of the construction cost. On April 29, 2016, the Defendant agreed to directly pay the remainder of the construction cost to the Plaintiff’s existing subcontractor, and continued the remainder of the construction work through the said subcontractor, and completed the instant building on June 22, 2016.

On December 19, 2016, the Plaintiff and the Defendant reached an agreement on settlement payment that the Defendant shall be exempted from liability for construction price payment to the subcontractors of the instant construction project, and shall pay to the subcontractors directly by accepting them directly from the Plaintiff.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 7 through 15, Eul evidence Nos. 1, 2, 5, and 6 (including the serial number), and the plaintiff's assertion that the purport of the whole pleadings was met by December 2015, the plaintiff asserted that the plaintiff had completed approximately 95% of the total construction, but the defendant did not pay progress payment, and the construction of this case was inevitably suspended by the plaintiff's subcontractor, and the building of this case was conducted by the plaintiff's subcontractor.