1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim of the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an internal director, the representative of G Co., Ltd. (hereinafter “G”).

G around October 13, 2014, at the time of the completion of the 1,485,000,000 (including additional taxes) and the completion of the 201st 31 December 31, 2014, the G received “new construction works for factories and office buildings” in Daegu-gu and two parcels, including Daegu-gu D, and the construction cost of the 1,485,000

(hereinafter referred to as the “instant contract,” and the construction subsequent thereto is called the “instant construction”). B.

G received KRW 390,00,000 for the first half payment on November 7, 2014, and KRW 275,000,000 for the second half payment on December 31, 2014, and KRW 374,50,000 for the third half payment on January 30, 2015, and KRW 157,50,000 for the third half payment on March 11, 2015, and KRW 1,197,00 for the first half payment on March 11, 2015.

C. The Plaintiff filed a lawsuit with this court seeking payment of KRW 308,328,000 for the unpaid construction cost (including additional construction cost) against C. This court dismissed the Plaintiff’s claim on November 17, 2017 on the ground that the instant contract was concluded between G and C rather than an individual.

(Seoul District Court Decision 2015Gahap2366 Decided November 17, 2017). The above judgment became final and conclusive around that time.

Meanwhile, the Plaintiff paid the Defendant KRW 30,342,00,000, totaling KRW 1,089,000 on November 19, 2014, KRW 21,000 on the 21st of the same month, and KRW 5,00,000 on January 7, 2015, and KRW 14,485,00 on February 14, 2015.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1, 4, 5, 8, and 18, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the main claim is that the Plaintiff received the instant construction from C through the Defendant’s introduction, and the Defendant made a verbal agreement to pay to the Defendant part of the proceeds of the construction on the condition that the Plaintiff and the owner are responsible for the adjustment of the instant construction work, the claim for construction cost, and the receipt of the construction cost. The Defendant also received the said money.