1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. Filing a counterclaim by the court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant substantially operated “D” with the business registration certificate opened in the name of the deniedr C.

B. 1) On March 2014, the Defendant was awarded a contract for remodeling and removal of a building on the ground of the Cheongdo-gun, Cheongbuk-do-gun, Cheongwon, and on March 11, 2014, between the Plaintiff and the Plaintiff on March 11, 2014, the removal works during the contract (hereinafter “

) A contract under which the contract is to be subcontracted with a cost of KRW 15,000,000 (hereinafter “first contract”)

(2) On March 14, 2014, the Defendant remitted KRW 15,000,000 from the account in the name of the Plaintiff to the account in the name of the Plaintiff as the first construction cost.

C. On March 23, 2014, the Defendant entered into a contract for remodeling and removal of the F Ground Buildings in the Cheongbuk-gun, Cheongbuk-do, and around that time, the Plaintiff entered into a contract with the Plaintiff to enter into a subcontract with the Plaintiff for the said removal work (hereinafter “second construction work”) with the cost of construction KRW 15,00,000 (hereinafter “second contract”).

On March 19, 2014, the Plaintiff installed a non-line pipeline structure (hereinafter “instant non-line pipe”) at the site of the construction site on March 19, 2014, and performed part of the first construction, and suspended the first construction on March 27, 2014.

E. The Defendant: (a) dismantled the pipe of this case; (b) subcontracted the 1,2 construction to another company to complete the 1,200 construction; and (c) paid a total of KRW 31,32,800 for the 1,200 construction cost (i.e., KRW 15,61,400 for the 15,661,40 for the 200 construction cost).

F. The Plaintiff filed a complaint against the Defendant as a property damage on the ground that the Defendant arbitrarily dismantled the instant non-line pipe amounting to KRW 2,038,000, and the Defendant received a summary order of KRW 300,000 as a crime of property damage from the Daegu District Court on December 19, 2014, and the said summary order became final and conclusive on January 6, 2015.

[Ground of recognition] Facts without dispute, entry and video of evidence Nos. 2, 7 through 14, the purport of the whole pleadings, and significant facts in this court

2. The plaintiff.