1. The Defendant (Counterclaim Plaintiff) paid KRW 35,428,524 to the Plaintiff (Counterclaim Defendant) and its related amount from April 3, 2018 to January 14, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, such as the status of the parties, is a person engaged in stone construction business, etc. with the trade name as C, and the Defendant is the owner of the Busan Jin-gu D main complex building (hereinafter “instant building”).

B. 1) On March 20, 2016, the Defendant entered into a contract for work, etc., the E Co., Ltd. (hereinafter “E”).

B) As to the construction of the instant building, the construction cost was KRW 1,805,00,00 (excluding value-added tax), and each contract was concluded by setting the construction period from March 20, 2016 to July 30, 2016. (2) The Defendant paid KRW 1,239,040,000 in total to E on April 18, 2016, and KRW 403,90,000 on June 21, 2016, and KRW 519,80,000 on September 8, 2016, respectively.

C. On May 30, 2016, E entered into a subcontract and subcontracted the construction price of 67,000,000 won for tin works during the said construction to the Plaintiff, and the construction period from May 30, 2016 to August 30, 2016, respectively. (2) E paid KRW 34,000,000 out of the construction price to the Plaintiff on June 21, 2016.

3) On March 29, 2017, the Plaintiff entered into a subcontract with the Defendant to set the construction cost of the additional tin works (internal walls building and inner floors) at KRW 10,080,000 (hereinafter referred to as “instant tin works”, including the additional tin works awarded a contract (hereinafter referred to as “the instant tin works”).

(4) On May 24, 2017, the Plaintiff submitted to the Defendant a letter of waiver of construction that “E has delayed construction for a period of ten months, causing enormous losses to the Defendant, and E has waived construction and has to proceed with construction later.”

2. On May 31, 2017, the Defendant prepared and delivered to the Plaintiff a written confirmation of payment that “the building price shall be paid after the completion and sale of the building within the scope of the contract amount between E and the Defendant,” and the Plaintiff on December 29, 2017.