1. The Defendant (Counterclaim Plaintiff) paid KRW 93,959,876 to the Plaintiff (Counterclaim Defendant) and its related amount from May 17, 2012 to November 20, 2013.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The plaintiff is a person engaged in general construction business with the trade name of "C", and the defendant is next to the plaintiff.

is a contracting person for the construction work described in the subsection.

The defendant, on April 28, 201 between the plaintiff and the plaintiff on April 28, 201, is the 3,5, and 6th above ground in the copy of the building of this case, among the 3, 5, and 6th above the ground and the 5th above ground (hereinafter "the building of this case"), where the 3, 4, and 5th above the 4th above the 5th, and 6th below the 6th above the 3, 5th below the 6th above the 3, 3, 5, and 5th below the 3, 6th below the 3, 5th below the 5th below the 5th below the 5th below.

With respect to the construction work to be changed into a sanatorium for older persons (hereinafter referred to as the "main construction of this case"), the contract for the construction work amount of KRW 210,500,000 (excluding value-added tax) was concluded (hereinafter referred to as the "instant contract").

With respect to the specific details of the instant construction work and the construction cost received by the Plaintiff, the drawings (Evidence A 23) for an application for permission for change of use, which the Defendant received by the Defendant from the office of Ulsan Certified Architects Co., Ltd., shall be delivered to the Plaintiff, and the Plaintiff prepared a specific construction specifications (Evidence A 3) on the basis of the contents, delivered them again to the Defendant, and then the construction cost calculated on the said specifications through mutual

In accordance with the instant contract, the Plaintiff continued the instant construction and completed the construction work on August 201, 201, and the Defendant obtained permission from the competent authority for the completion of a sanatorium for the aged on August 19, 201, and registered the business under the trade name of E medical Care Center for the Aged on October 1, 201.

From May 9, 2011 to April 2, 2012, the Plaintiff received a total of KRW 234,600,000 from the Defendant as the construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 5, and Gap evidence 23 (including each number).