1. Defendant (Counterclaim Plaintiff) B: (a) KRW 15,788,382 against the Plaintiff (Counterclaim Defendant) and its related amount from May 12, 2012 to February 12, 2015.

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. The Plaintiff is a constructor specializing in the construction work in the building room. Defendant C is the owner of 103 Dong-dong 2501 (hereinafter “instant building”). Defendant B is the mother of Defendant C, who is living together with Defendant C in the instant building.

B. The Plaintiff entered into a contract for construction works (hereinafter “instant contract for construction works”) with Defendant B during the period from November 29, 201 to December 16, 201, with respect to the outside rooftop construction work (a construction work to be changed into a work room) of the instant building, interior repair work, etc. (hereinafter “instant construction work”).

C. Around the end of December 2011, the Plaintiff completed the instant construction. Defendant B paid to the Plaintiff total of KRW 25,000,000,000, including KRW 4,000 on November 30, 201, KRW 5,000,000 on December 8, 2011, KRW 8,000,000 on December 20, 201, and KRW 25,000,00 on December 22, 2011, as construction cost of the instant construction.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the principal claim against Defendant B

A. As to the instant claim seeking payment of unpaid construction cost on the premise that the Plaintiff is the party to the instant construction contract, Defendant B is a contractor of the instant construction contract under the trade name of E, and the Plaintiff merely is an employee employed by and working in the office as the head of the office, and thus, the Plaintiff did not have the right to claim payment of construction cost under the instant construction contract. Therefore, the following circumstances, which are acknowledged by the evidence that the actual party to the instant construction contract, are examined as to who is the party to the instant construction contract, namely, the conclusion of the instant construction contract.