1. The Defendant (Counterclaim Plaintiff) paid KRW 51,963,080 to the Plaintiff (Counterclaim Defendant) and its related amount from April 18, 2018 to February 20, 2019.

Basic Facts

The Defendant, who entered into a contract between the Plaintiff and the Defendant, is the executor of the construction project (hereinafter “instant new construction project”) that constructs two multi-household houses with the fifth floor above the ground (hereinafter “instant building”) on the Seo-gu, Seo-gu, Daejeon and three parcels.

D Co., Ltd. (hereinafter referred to as “D”) entered into a contract with the Defendant for the instant new construction project and commenced the construction project on March 2017.

On July 26, 2017 under the above contract with D, the Defendant entered into a contract for the instant new construction project with E Co., Ltd. (hereinafter “E”) with the contract amount of KRW 1,700,000,000, and changed the Si construction from D to E.

E, around September 2017, after completing the structural construction for the second floor of the instant building, the Defendant and its construction cost were reduced to KRW 121,00,000.

On September 25, 2017, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract,” and the construction work accordingly referred to as “the remainder of the instant project”) and drafted two contracts, respectively, as follows (hereinafter “each contract for submission by financial institutions”).

A contract agreement for submission by financial institutions.

3. Date of commencement: August 10, 2017.

4. Date scheduled for completion: February 28, 2018, and the contract amount: 1,700,000 won (in nex 1,700,000,000).

6. Contract deposit: 35%.

7.Completion portion: At the end of each month (the second 20%, the third 20%, the fourth 15%, and 10% at the time of completion): the rate of liquidated damages: 1/1,000 (per 13.0 per 1 piece of goods): the terms and conditions of productive payments shall be bank standards.

The contract document of this case

3. Date of commencement: September 26, 2017.

4. Date scheduled for completion: February 28, 2018, and the contract amount: 1,579,000,000 won (hereinafter referred to as "in duna").

6. Contract deposit: 35% (10% of contract execution securities).

7.Completion portion: At the end of each month (the second 15%, the third 10%, the fourth 17%, the fifth 13%, and 10% after completion) 11. The rate of liquidated damages: 1/1,000 (each daily mat), 13. Other matters: the Bank shall be the basis.