1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 34,602,520,000 to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 23, 2011, the Plaintiff entered into a contract with the Defendant for the construction of accommodation C (hereinafter “instant construction”) of KRW 49.5 million (including value-added tax; hereinafter the same shall apply; hereinafter, the same shall apply) at the same time with the contract for the intermediate payment of KRW 13.5 million at the same time, and the intermediate payment of KRW 13.5 million at the same time with the contract for the intermediate payment of KRW 13.5 million at the same time, and the remainder of KRW 2.5 million at the same time within one month after completion), February 28, 2012; the completion date of the completion date of the construction; and the delay payment of KRW 1/1,000; and on March 27, 2012, the Defendant and the parties to the instant construction and the parties to the contract entered into a contract with the Defendant on March 27, 2012 as the Defendant and the parties to the instant contract with each two million (hereinafter “instant contract”).

B. On June 26, 2012, the Plaintiff completed the instant construction work.

C. As between December 5, 201 and April 24, 2012, the Defendant paid to the Plaintiff a total of KRW 2.5 million to D, the head of the Plaintiff’s site of the instant construction project, the sum of KRW 6 million on January 18, 2012, KRW 12 million on March 14, 2012, and KRW 12 million to the subcontractor of the said construction project, respectively, from August 6, 2012 to March 18, 2013.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 3, Eul evidence 1 to 5 and 7 (including each number), the witness D's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant paid KRW 205,00,000 to the Plaintiff out of the construction price of the instant case, and thus, the Plaintiff is obligated to pay the remainder of the construction price of KRW 290,000,000 to the Plaintiff and the delay damages therefrom

B. The Defendant’s assertion that the Plaintiff paid not only the above KRW 205,00,000, but also the KRW 120,000,000 in total to D having the authority to receive the construction cost, as seen earlier, and the Plaintiff paid the subcontractor of the instant construction to KRW 124,00,000 in total with the Plaintiff’s consent. As such, the remainder of the construction cost is KRW 46,00,000.