1. The Defendant (Counterclaim Plaintiff) paid KRW 30,576,114 to the Plaintiff (Counterclaim Defendant) and its related amount from January 9, 2016 to July 21, 2017.

1. Facts of recognition;

A. On June 17, 2015, the Plaintiff and the Defendant agreed to jointly carry out the construction works inside the building located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant construction works”) which entered into a subcontract with the Plaintiff and the Defendant, which are a contractor, to jointly carry out the construction works inside the building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant construction works”). The Plaintiff bears the burden of procuring building stones necessary to carry out the instant construction works, and the Defendant directly carried out the instant construction works, and distribute the construction price to be paid from the contractor to the Plaintiff and the Defendant.

B. On August 18, 2015, the Plaintiff and the Defendant borrowed the name of the Plaintiff and the Dispute Resolution Co., Ltd., agreed to determine the instant construction project and the instant construction cost as KRW 1,498,722,50, and the Plaintiff received the construction cost from the contractor according to the agreed rate, and to pay KRW 347,894,765 (including additional taxes) to the Defendant (hereinafter “instant construction contract”).

C. However, from December 17, 2015 to January 8, 2016, the Defendant arbitrarily brought 13 boxes of substitute stone in an amount equivalent to KRW 30,576,114 in total market value on four occasions, and embezzled the Plaintiff’s substitute stone at the construction site of the GGGF located in Kimpo-si, Kimpo-si, which is irrelevant to the instant construction project.

The Defendant was sentenced to a suspended sentence of two years for imprisonment in August 21, 2016 due to the foregoing occupational embezzlement from the Busan District Court’s Deputy Branch (2016 High Court Decision 1514) to October 21, 2016, and the said judgment became final and conclusive as it is.

E. Around March 2016, the Defendant suspended and completed the instant construction work at the instant construction site, and the Plaintiff completed the instant construction work thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant is the amount equivalent to the market price of the representative's position embezzled by the defendant as compensation for damages caused by the tort.