1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The court's explanation on this part is identical to the entry of "1. Recognizing facts" in the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff supplied goods or provided services necessary for each construction work of this case to F who represented the defendant.

On May 2014, the Plaintiff presented a statement of accounts (Evidence A and Evidence A No. 7; hereinafter “instant statement of accounts”) stating the details of goods or services and goods supplied by the Defendant or C up to that time, and the amount to be additionally paid, as well as the previous payment amount, from May 2014, and received C’s confirmation.

Therefore, the remaining 14,245,432 won and damages for delay shall be claimed after deducting 22,70,000 won paid thereafter from 36,945,432 won as confirmed in the instant settlement statement.

The summary of the counterclaim claim stated “10 million won to be deposited” in the instant settlement statement and signed by “F, etc.” is reserved to the effect that it would later be paid after confirming the settlement amount from F, etc. However, in light of the Plaintiff’s circumstances, the Defendant’s intent to pay KRW 10,000,000 out of the amount stated in the instant settlement statement is not to recognize the entire settlement amount of the Plaintiff’s assertion.

Meanwhile, among the amounts under the instant settlement statement, the amount that the Defendant is liable to pay to the Plaintiff is value-added tax of KRW 16,97,798; KRW 6,117,505; KRW 9,00,000; KRW 32,115,303; and the Defendant paid KRW 38,70,000 in excess of this amount to the Plaintiff. As such, the Plaintiff ought to return to the Defendant’s unjust enrichment of KRW 6,584,697 (=38,70,000 - KRW 32,115,303) and damages for delay.

Judgment

The key issue of the instant case is the settlement agreement between the original and the Defendant at the time of the preparation of the instant settlement statement as stated in the instant settlement statement.