1. The Plaintiff (Counterclaim Defendant) paid KRW 27,440,009 to the Defendant (Counterclaim Plaintiff) and the amount from April 14, 2015 to August 19, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 1, 2011, the Plaintiff was awarded a contract with the Defendants (the Plaintiff and the Defendants drafted several contracts, and all the Defendants did not enter the name in the client or ordering column, but the Defendants did not dispute the joint contract for the instant construction) to construct the main complex building (hereinafter “instant building”) on the D ground in Ulsan-gu, Ulsan-gu, Seoul-gu, for the construction cost of KRW 1,250,000. On February 23, 2012, the Plaintiff adjusted the construction cost of KRW 1,23,058,00,000 while excluding soil construction work. On October 1, 2012, the date of commencement was changed to December 15, 201, and the completion date was changed to January 31, 2013.

On the other hand, each contract is written as separate "value-added tax" and "the rate of liquidated damages" as "the basis of the daily contract amount per delay day".

B. In addition, among the above construction works, the Defendants agreed to directly carry out electricity and facility works, and finally the Plaintiff finally agreed to carry out the construction works (hereinafter “instant construction works”) (i.e., the construction cost of KRW 1,223,058,00 for the reduced construction cost of KRW 76,479,797 - the construction cost of KRW 115,867,978, value-added tax separately).

C. The Defendants paid a total of KRW 1,309,200,000 to the Plaintiff. Among them, KRW 50,000,000 was paid for the delivery of the amount of civil engineering works. Of them, KRW 240,000 was paid for the delivery of the amount of civil engineering works, and KRW 240,000,00 was immediately returned to the Plaintiff to the Defendants under the false contract (Evidence A No. 1 and No. 3). Thus, excluding the money under the separate name above, the amount paid as the instant construction work out of the said payment was KRW 1,019,20,000 (= KRW 1,309,200,000 - KRW 50,000,000 - KRW 240,000,000).

On January 24, 2013, the Plaintiff completed the instant building and obtained approval for use.

[Reasons for Recognition] contain facts without dispute, Gap evidence Nos. 4, 5, 6, and Eul evidence Nos. 1, 2, 4, 6, and 15.