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

2. The plaintiff (the counterclaim defendant) is the defendant (the counterclaim plaintiff) 21,460.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 18, 2017, the Defendant entered into a contract between the Plaintiff and Nonparty C Co., Ltd. (hereinafter “C”) under which the Plaintiff would receive a subcontract for CIPs, household facilities, and cover trial (including value added tax) on September 20, 2017, among the civil engineering works for the new construction of complex buildings in Dongdaemun-gu Seoul Metropolitan Government D major building.

On the other hand, the Defendant entered into a contract with C on September 28, 2017, under which the construction period of household facilities construction among the new construction works of the Dongdaemun-gu Seoul Metropolitan Government D Complex Building Construction Works was contracted for KRW 631,40,000 (the Plaintiff participated in the contract with the Defendant’s joint and several guarantors). (B) The Defendant performed the subcontracted construction work under the instant subcontract. On October 2017, the Defendant leased equipment from F operating the construction business under the trade name “E” and leased equipment from F, and the installation of household facilities was relatively fugitive dust and noise cost, and the Defendant of CIP method used a large amount of dust and noise generated, and the unit price was low, and the construction work was carried out in the way of “T4” instead of “E” with low cost.

When a civil petition is filed due to fugitive dust or noise during the process, the progress of the construction work was suspended.

(c)

The plaintiff demanded the defendant to carry out the construction of the above earth breado, but the defendant argued that the construction cannot be carried out as a unit price issue.

Ultimately, the Defendant and the Plaintiff agreed to cancel the instant subcontract agreement, and on October 30, 2017, drafted the “D Settlement Agreement” (hereinafter “D Settlement Agreement”) with the following terms and conditions (i.e., “1. D specifications for the Non-Infection of Multi-use Building” in the said Agreement are as indicated in the attached Form, and (ii) the instant settlement agreement is referred to as “the instant settlement statement”. The person ordering D Settlement Agreement: the Plaintiff.