1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

Around June 2013, the Plaintiff subcontracted in Seongbuk-gu Seoul Metropolitan Government D Co., Ltd. for a painting of KRW 315,000,000 for the construction cost (hereinafter “C Corporation”), and sub-subcontracted in KRW 640,000 for the construction cost, which was subcontracted by F Co., Ltd. among the “E New Construction Works” at the time of Sejong District on December 2013 (hereinafter “Stop Construction”), and then re-subcontracted in KRW 120,00,00 for the construction cost, which was subcontracted by F Co., Ltd. in the “G Relocation Works” at the time of Sejong District around March 2014 (hereinafter “Stop Construction”).

(hereinafter referred to as “Haan Military Construction,” and each of the above sub-subcontracts was collectively referred to as “each of the instant subcontract”). The Defendant completed the painting construction work according to each of the instant subcontract by August 2015.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. The summary of the Plaintiff’s assertion 1) As a result of various defects in stairs, walls, and balconys, etc. among the painting construction works executed by the Defendant under each of the instant subcontract, the ordering person requested the Plaintiff to repair the defects, and the Plaintiff paid KRW 18,479,600 to the Plaintiff at the expense when the repair of defects was performed. 2) The Defendant re-subcontracted part of each of the instant construction works, and the Defendant paid KRW 37,395,500 to the said subcontractor on behalf of the Defendant, as the subcontractor did not pay the construction cost.

3 The Defendant received a total of KRW 33,859,104 from the Plaintiff under the pretext of wages of K, L, and M, who had no work-related fact while carrying out construction work under the instant subcontract, and embezzled it.

Therefore, the defendant shall pay to the plaintiff the sum totaling KRW 5,875,100 for the defect repair costs paid by the plaintiff on behalf of the defendant, and the sum totaling KRW 33,859,104 for the re-subcontract.