1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 33,778,200 and the Plaintiff’s counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, between March 2016 and June 2016, carried out the Defendant’s painting work on the following goods:

(a) The cost of painting of the head of staff in the bathing room: 12,650,00 won; 27,128,200 won in total; and

B. The Defendant paid to the Plaintiff KRW 6 million as part of the price of the painting.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. As to the principal lawsuit

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the balance of the above seal payment amount of KRW 3,778,200 (=12,650,000 KRW 27,128,200-6 million) and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from November 17, 2016 to the date of service of the original copy of the instant payment order.

B. As to the defendant's assertion, the defendant caused defects in the above goods due to the plaintiff's seal error, and thus, the defendant suffered more damage than the plaintiff's claim amount, so it is not possible to accept the plaintiff's claim, but there is no evidence to acknowledge it

3. As to the counterclaim

A. The Defendant asserted that the Defendant caused defects in the above goods due to the Plaintiff’s seal wrong, and that the Defendant sustained damages of KRW 00 million, and sought payment of the money stated in the counterclaim as part of the above damages.

B. We examine ex officio determination on the legitimacy of the counterclaim of this case, and the defendant may file a counterclaim only if it does not substantially delay litigation procedures (Article 269(1) of the Civil Procedure Act). The following circumstances, namely, ① the counterclaim of this case was concluded with respect to the principal suit, and its pleading re-issued upon the defendant’s application for resumption of the pleading.