1. The Defendant (Counterclaim Plaintiff) paid KRW 12,183,982 to the Plaintiff (Counterclaim Defendant) and its related amount from November 23, 2016 to May 15, 2018.

1. Basic facts

A. On November 6, 2014, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant with the content that: (a) the part of the soil works among the construction works for a new house at the field interest business place (hereinafter “instant construction works”) ordered by the Defendant C Co., Ltd. (hereinafter “C”), shall be KRW 5,880,70; and (b) the part of the reinforced concrete construction works shall be KRW 653,403,382.

B. After the instant subcontract was concluded, the Plaintiff was directly paid KRW 50,000,000 as the soil construction price, and KRW 650,000 as the price for reinforced concrete construction.

C. Meanwhile, the amount of the first agreement between the Defendant and C was KRW 3,229,50,000, which was finally determined as KRW 3,289,539,240 through the bilateral settlement of accounts on August 31, 2015.

Among them, 44,846,771 won, and 633,401,212 won for reinforced concrete construction.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 and Eul evidence 2 to 6 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that the construction site of this case occurred frequently in the area of tidelands, and due to this, the Plaintiff performed more additional construction than that initially agreed with the Defendant.

In addition, the defendant promised to settle the future, but the defendant demanded the plaintiff to perform the alteration work while avoiding the design.

In other words, the plaintiff is obligated to pay the plaintiff the price for the additional and modified works.

B. (1) On the part of this Court, the statement No. 4-1 of the evidence No. 4 of the judgment (i.e., destruction of the earth and sand in the legal room, and the statement No. C of this Court.