1. The Plaintiff (Counterclaim Defendant) paid KRW 34,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from May 12, 2013 to February 6, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. C was awarded from July 17, 2012, a contract for the new construction of the instant building (hereinafter “instant construction”) with the Sinpo City D D D D D D’s ground D’s housing (hereinafter “instant building”) in the cost of KRW 572 million (including the value added tax).

B. On October 29, 2012, C entered into a subcontract (hereinafter “the first subcontract in this case”) with the Defendant, setting the period from October 30, 2012 to November 20, 2012 as KRW 69 million (excluding value-added tax and Article 7) for the part of the instant construction project, and the period from October 30, 2012 to November 20, 2012.

Plaintiff

And E has jointly and severally guaranteed the obligation to pay the subcontract price to the defendant C.

C. C was awarded a contract from F for a new urban-type housing construction project in Suwon-si G on November 10, 2012. Around November 10, 2012, C subcontracted the stone construction project during the said construction to the Defendant in the amount of KRW 25 million (hereinafter “the second subcontract”). D.

The Defendant completed all of the instant first and second subcontracting works, and the approval for use of the instant building was completed on May 1, 2013.

On the other hand, around November 10, 2012, the Defendant received only KRW 10 million out of the total amount of KRW 94 million of the construction cost of the first and second subcontracting in this case (i.e., KRW 69 million of the construction cost of the second subcontracting in this case) from C (i.e., KRW 25 million of the construction cost of the second subcontracting in this case).

E. On August 28, 2013, C and the Defendant drafted a claim transfer contract with the content that “C transfers KRW 155,120,000 to the Defendant the remainder of the instant construction project (Article 2) and delegate the authority to notify the assignment of the instant claims (Article 3)” (hereinafter “transfer of claims”).

On August 28, 2013, upon delegation of the power to notify the assignment of claims as above, the Defendant sent the notification of the assignment of claims to B, and C sent the notification of the assignment of claims by content-certified mail to B on September 3, 2013, and each of the above notification reached B around that time.

F. The Defendant, against B, was assigned to the court No. 2013, 10556.