1. The Defendant (Counterclaim Plaintiff) paid KRW 119,858,346 to the Plaintiff (Counterclaim Defendant) and its related amount from February 1, 2011 to January 21, 2014.

1. Determination on the main claim

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the arguments as a whole, as to the fact finding to the head of the Korea Land and Housing Corporation Incheon District Head Office, and the fact finding by Gap evidence Nos. 1 to 4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 7, and 8, and the whole purport of the arguments:

On August 2009, the Defendant concluded a contract with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) for the relocation of the military unit in the Yongsan Han River City (hereinafter “instant original construction”) in terms of KRW 37,172,325,000 for the payment of KRW 37,172,325,000, and delegated the joint performance authority for the shares equivalent to the Defendant’s investment ratio among the original construction of this case to the Korea Land and Housing Corporation.

On September 21, 2009, the Plaintiff was awarded a subcontract for the “Civil Works of Section 2” among the instant original construction works (hereinafter “instant construction works”).

Although the subcontract price for the instant construction project was KRW 1,207,80,000, the Plaintiff was ordered to perform additional construction due to a change in design during the construction process. The Plaintiff and Hando Construction agreed to amend the contract that increases the final construction price on January 31, 201 to KRW 2,018,50,000, and on the same day, the Plaintiff completed the instant construction and delivered it to Hando Construction on the same day.

The Plaintiff received KRW 1,898,641,654 out of the instant construction cost of KRW 2,018,50,000 until now.

B. The judgment joint supply and demand company basically has the nature of a partnership under the Civil Act, so if one of the members was in the position of a manager as a representative of a joint supply and demand company, it shall be deemed that the members had the relationship between the manager and the partner in the partnership under the Civil Act. The obligations of the partnership are, inter alia, commercial