1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. B On August 10, 2012, the Defendant awarded a contract to the Defendant for the work of remodeling the underground floor, the first floor, the third floor, and the outer wall part, excluding the second floor, among the building D above the Gyeonggi-gun-gun D, with the cost of KRW 180,00,000.

B. On August 22, 2012, B and the Defendant concluded a contract to extend the scope of the instant construction to all the instant building including the second floor, which was originally excluded from the scope of the construction, and to increase the construction cost to KRW 285,00,000 (excluding value-added tax).

C. On October 5, 2012, the Defendant subcontracted the Plaintiff with the construction cost of KRW 46,00,000 (the contract amount of KRW 30,000,000 on October 9, 2012, and the remainder of KRW 16,000,000 on each payment within 15 days after the completion of construction) of the said construction work.

(hereinafter “instant construction contract”). D.

On October 2012, the Plaintiff suspended the instant construction without completing it.

E. The Defendant paid the Plaintiff KRW 10,000,000 as the construction price on November 20, 2012, and KRW 11,00,000,000 in total, and KRW 21,00,000 in December 13, 2012.

[Ground for Recognition: Facts without dispute, evidence No. 2, entry No. 2-1 and No. 2-2, purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion (the Plaintiff’s claim) had no choice but to suspend the instant construction work because the Defendant did not pay the down payment under the instant construction contract to the Plaintiff at once.

In addition, since the Plaintiff’s interest rate exceeds 70% at the time of suspending the instant construction work, the Defendant shall pay the Plaintiff the interest rate of KRW 9,000,000 paid in addition to the interest rate of KRW 21,00,000,000, and the delay interest thereon.

B. The Defendant’s assertion (Counterclaim Claim) discontinued the construction of the instant case.

In addition, the construction cost calculated at the rate of the beginning value of the instant construction project undertaken by the Plaintiff is only KRW 3,399,235.

Therefore, the plaintiff is against the defendant.