1. The Plaintiff (Counterclaim Defendant) paid KRW 127,380,000 to the Defendant (Counterclaim Plaintiff) and its related amount from August 31, 2018 to November 8, 2018.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a corporation whose business is the free sale business, the creative construction business, etc., and the Defendant is a person who operates a personal business with the trade name of C. (2) On December 21, 2015, the Plaintiff was awarded a favorable construction among the construction works of the second factory in Gangseo-gu Busan Metropolitan Government E (hereinafter “D”) implemented by D Co., Ltd. (hereinafter “D”).

B. Around December 21, 2015, the Plaintiff determined the unit price of supply and construction per square meter for the instant glass construction with the Defendant and the instant glass construction. From December 29, 2015 to March 3, 2016, the Plaintiff completed the supply and construction related to the instant glass construction. (2) Around March 3, 2016, the Plaintiff claimed the Defendant for the payment of the instant glass construction cost of KRW 135,300,000 to the Defendant.

C. 1) As to the instant glass project, there was a problem that the part of the glass can not be transparent due to the processing error, and the color or fluorial color was displayed. 2) In order to do so, the Plaintiff carried out construction work by adding the part of the glass fluor to the actual container.

3) The Plaintiff and the Defendant prepared and delivered to D a letter of defective performance with the purport that “I will replace the entire quantity of the relevant glass without replacing the glass in accordance with the drawings and specifications of glass construction, and if there is any defect in the function and appearance by 50 years, the full quantity of the relevant glass should be replaced and reconstructed.” [The facts that there is no dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1 and 5, and the purport of the entire pleadings.]

2. The instant glass Corporation is a construction project that determines only the unit cost of supply and construction per square meter. The Plaintiff claimed construction payment of KRW 135,300,000 to the Defendant based on the unit price above.

In this regard, the defendant also recognized the above construction cost claim.