1. The Defendant (Counterclaim Plaintiff) paid KRW 4,704,091 to the Plaintiff (Counterclaim Defendant) and its amount from November 20, 2013 to May 23, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 6, 2013, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant with the content that the construction work for the construction of a new house on the ground of Jinju-si (hereinafter “instant new construction work”) will be concluded between May 7, 2013 and July 7, 2013 to determine the construction period of KRW 65,00,00 for construction cost and KRW 65,000 for construction cost.

B. Around November 19, 2013, the Plaintiff completed the instant new construction work and delivered the said house to the Defendant, and the Defendant paid a total of KRW 50,000,000 to the Plaintiff as the price of construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. According to the above fact of finding the unpaid construction cost, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 15,000,000 due to the instant construction work (=65,000,000 - 50,000,000) and the delay damages therefrom, barring special circumstances.

B. The plaintiff's assertion 1) The plaintiff supplied human resources and materials separately from the new construction of the retaining wall construction of this case at the defendant's request, and used the plaintiff's vehicle, etc. for the retaining wall construction of this case. The defendant did not pay the plaintiff's rent of KRW 3,00,000 for the plaintiff's vehicle ( KRW 3,000,000 ( KRW 2,000, KRW 15,000) and other materials rent of KRW 380,000 for the plaintiff's vehicle among the above retaining wall construction cost of the retaining wall construction of this case. Thus, the defendant asserts that the defendant should pay the above amount to the plaintiff. 2) The defendant did not provide the construction cost between the plaintiff and the defendant in relation to the testimony of the witness D, but the construction cost of the retaining wall is not determined between the plaintiff and the defendant, and if the plaintiff supplied human resources and the materials, the construction cost of this case should be borne by the defendant as the retaining wall construction of this case.