1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

1. Basic facts

A. On April 29, 2013, the Counterclaim entered into a contract with the Counterclaim Defendant on May 29, 2013, by ordering the repair work of the Dobong-gu Office of Dong-gu, Seoul, under which the Counterclaim Defendant entered into a contract with the Counterclaim Defendant to subcontract the 12,15,000 won of the natural tin-day packing work of the said repair work (hereinafter “instant construction work”). The Counterclaim Defendant performed the instant construction work from August 20, 2013 to August 23, 2013.

B. Even after the counterclaim Defendant completed the above construction, the counterclaim Defendant did not pay the construction cost of KRW 12,562,550 to the counterclaim Defendant. Accordingly, the counterclaim Defendant filed a lawsuit claiming the said construction cost (hereinafter “instant principal lawsuit”) with the Plaintiff as the other party to the counterclaim, and the counterclaim Defendant filed the lawsuit against the counterclaim Defendant as a counterclaim.

C. The Counterclaim Plaintiff paid all the construction cost to the Counterclaim Defendant during the instant lawsuit, and the Counterclaim Defendant submitted the withdrawal of the instant principal lawsuit on April 10, 2014, and the Plaintiff did not raise any objection to the withdrawal of the principal lawsuit, which was concluded on April 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 8, Eul evidence 1 (including, if any, various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment of the Counterclaim Plaintiff

A. (1) Although the counterclaim Defendant agreed to complete the instant construction work from July 4, 2013 to July 12, 2013 under the instant contract, it delayed construction on the ground that overseas orders and production of the floor packing material is necessary, and entered into an agreement with the counterclaim that “where the instant construction work is not completed by August 17, 2013, the instant construction work shall be waived.”