1. Claim for the confirmation of the existence of an obligation with respect to the portion exceeding the amount set forth in paragraph 3, among the principal lawsuit of the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On May 7, 2019, the Plaintiff concluded a construction contract (hereinafter referred to as “instant construction contract”) with respect to the steel construction contract amounting to KRW 145 million (including value-added tax, the advance payment of KRW 45 million among them shall be paid within one day after the contract is concluded, the remaining amount of KRW 100 million shall be paid by July 20, 2019, and the payment guarantee shall be issued by July 20, 2019 within the guarantee period until July 20, 2019), and on June 20, 2019, the compensation rate for delay shall be 0.5% per day (hereinafter referred to as “instant construction contract”).

B. On May 7, 2019, the Plaintiff paid KRW 45 million to the Defendant as an advance payment under the instant construction contract, and around May 21, 2019, the FFF Mutual Aid Association issued to the Defendant a written subcontract payment guarantee that guarantees KRW 100 million out of the construction cost of the instant construction contract from May 7, 2019 to September 18, 2019.

C. Around August 5, 2019, the Defendant submitted to the Plaintiff a completion inspection report containing that the instant construction work was completed on June 20, 2019 in accordance with the instant construction contract, and filed a claim with the FFF Mutual Aid Association for payment of KRW 100 million of the subcontract price payment deposit around August 22, 2019.

Around September 17, 2019, the FFF Mutual Aid Association deposited KRW 45 million as a payment guarantee for the Plaintiff’s obligation for the payment of construction price under the instant construction contract, and the Defendant, around September 30, 2019, declared and received an objection to the effect that the said deposit is appropriated for part of the claim for construction price under the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 3, Eul evidence 3-5, the purport of the whole pleadings

2. Judgment on the counterclaim

A. As to the fact that the Defendant completed the instant construction around June 20, 2019, the Plaintiff does not clearly dispute the fact that the Plaintiff completed it, the Plaintiff’s claim and ground for the claim as of September 25, 2019.