1. The Plaintiff (Counterclaim Defendant) paid KRW 310,00,000 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from June 25, 2019 to April 17, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant was awarded a subcontract for the removal of the Seoul-gu D Housing Redevelopment Project (hereinafter “instant construction”) to a company with the aim of raining, dismantling, etc. of structures.

B. On June 10, 2018, the Defendant: (a) granted the Plaintiff the exclusive right to collect scrap metal and scrap metal (hereinafter “ scrap metal, etc.”) emitted from the construction site of this case to the Plaintiff; (b) in return, entered into a contract with the Plaintiff to pay KRW 1.2 billion to the Defendant (Evidence A No. 1; hereinafter “instant contract”); and (c) accordingly, entered into a contract with the Plaintiff to pay KRW 1.2 billion to the Defendant (hereinafter “instant contract”).

C. After the conclusion of the instant contract, the Plaintiff performed the work of collecting, transporting, and removing scrap metal, etc. at the instant construction site from September 2018 to February 2019, the Plaintiff paid KRW 890 million out of the contract price under the instant contract to the Defendant from September 2018 to February 2019.

On February 28, 2019, the Plaintiff drafted a waiver note to the Defendant that “The Plaintiff shall waive all the non-ferrouss, scrap metal, and other matters arising at the construction site of this case and any part that has occurred so far, and shall not be charged to the Defendant with all damages and civil and criminal responsibilities incurred after renunciation (Evidence B No. 1; hereinafter “instant waiver note”).

According to the statement in Eul evidence No. 1, the "F Company" is marked as each letter of waiver of this case, and the plaintiff is marked as a joint and several person next thereto, but there is no dispute between the parties as to the fact that the plaintiff was written against the defendant.

E. The instant construction was temporarily suspended from March 2019 to April 2019. On May 16, 2019, the Plaintiff and the Defendant drafted an agreement form (Evidence A2; hereinafter “instant agreement form”) with the following content.

3. The price for scrap metal shall be reverted to the Plaintiff at the site.