1. The Defendant (Counterclaim Plaintiff) paid KRW 55,419,208 to the Plaintiff (Counterclaim Defendant) and the amount from January 26, 2016 to December 29, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 10, 2015, the Plaintiff (contractor) entered into a construction contract (hereinafter “instant contract”) with the Defendant (contractor) who is engaged in the construction business, setting the construction cost as KRW 275,00,00 (including value-added tax) with respect to the construction work for which housing (hereinafter “instant housing”) was newly constructed on the ground of the Daejeon Seo-gu Daejeon District C site owned by the Plaintiff (hereinafter “instant construction work”). On March 16, 2015, the Plaintiff entered into a contract for construction work (hereinafter “instant contract”) with the following content:

(Evidence A) . [Standard Contracts for Private Construction Works]

1. Construction name: D new construction works;

2. The construction site: Daejeon E.

3. Date of commencement: February 16, 2015.

4. Date scheduled for completion: July 16, 2015.

5. Contract amount: Won 250,000,000 won per day (excluding value-added tax).

6. Advance payment (40%): 100,000,000 won per day.

7. Primary portion of money (30%) : 75,000,000 won in daily gold.

8. Second installment amount (20%): 50,000,000 won in daily gold.

9. Full payment (10%) : The 25,000,000,0000/100 of the Won on a daily basis, the other additional matters shall, in principle, be in progress through consultation.

(C) On March 16, 2015: The name of the principal contractor of the F apartment 306 Dong 2101 in Daesung-gu, Taesung-gu: The name of the principal contractor of the Plaintiff: the name of the principal contractor of the H company located in Chungcheongnam-gu, Gwangju-si.

B. The Defendant continued the instant construction in accordance with the instant contract and completed the instant house around September 2015, and the Plaintiff obtained approval for the use of the instant house on September 24, 2015.

(A) Evidence 3. (c)

As indicated below, the Plaintiff paid KRW 317,00,000 in total as the construction cost, etc. from February 10, 2015 to August 6, 2015. Of these, KRW 275,00,000 in total shall be the construction cost under the instant contract, and KRW 42,00,000 in remainder (= KRW 317,000,000 - KRW 275,000), respectively, to the Defendant, respectively.