1. The Defendant (Counterclaim Plaintiff) paid KRW 2,300,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 30, 2014 to September 30, 2015.

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

1. Facts of recognition;

A. On April 29, 2014, the Defendant acquired the ownership of Yongsan-gu Seoul Metropolitan Government C Apartment 103 Dong 1404 (hereinafter “instant apartment”) and entered into a contract with D for the Human Drawing Work on May 22, 2014 with D for the purpose of performing the Human Drawing Work on the said apartment (hereinafter “the instant Human Drawing Work”). The Plaintiff was awarded a subcontract with D for the aforesaid Human Drawing Work (hereinafter “the instant Human Drawing Work”). From June 20, 2014, the said Human Drawing Work was to perform the said Human Drawing Work.

B. While the Plaintiff was running the instant painting construction, E (E; hereinafter “E”) who is the Defendant’s husband began to intervene in the entire interior of the instant interior works, and the Defendant, on June 23, 2014, had terminated the construction contract with D, would directly proceed with the direction of the construction and the payment of the construction cost.

C. Accordingly, the Plaintiff continued the instant painting construction under the Non-Party’s order, but on June 28, 2014, ordered the Defendant to suspend the said painting construction. As such, the Plaintiff suspended the said construction after submitting a work site to the Defendant, and subsequently claimed KRW 2,300,000 in total, including personnel expenses of KRW 1,700,000, and material expenses of KRW 400,000, and expenses of KRW 200,000.

[Grounds for Recognition: Evidence No. 2, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. Determination on the main claim

A. According to the facts acknowledged above, the defendant is obligated to pay KRW 2,300,000 to the plaintiff, unless there are special circumstances.

B. On this ground, the Defendant asserts that, insofar as the Plaintiff did not perform the instant painting construction work and thereby inflicted damage on the Defendant, the Defendant cannot claim the payment for the painting construction work against the Defendant.

However, as seen later, the defendant claims damages in lieu of defect repair in relation to the defective construction part of the plaintiff, apart from the fact that the defendant claims damages.