1. Among the counterclaim of this case, the part claiming delayed damages until the service date of a duplicate of the complaint of this case, and the costs of compulsory execution.

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

1. Basic facts

A. On June 21, 2017, the Plaintiff and the Defendant agreed to transport earth and sand at the scene of D Civil Works in Busan Dongdong-gu, Busan, and entered into a contract for transport of earth and sand with 130,000 won per 25 tons dump truck (a separate value-added tax) (hereinafter “instant contract for transport of earth and sand”).

B. From June 27, 2017 to July 25, 2017, the Defendant transported earth and sand over 194 times, and the transport price for the above earth and sand is KRW 27,742,00 (including value added taxes).

(c)

The Defendant filed a lawsuit against the Plaintiff for the payment of the unpaid amount of KRW 23,742,00 and delayed damages (hereinafter “previous lawsuit”) from the Busan District Court’s Dong Branch Branch 2019Ga Office 1561, and the said court rendered a final judgment on June 13, 2019, stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 23,742,00 and KRW 15% per annum from February 16, 2019 to the date of full payment.”

Therefore, although the plaintiff appealed, the judgment dismissing the appeal was rendered on February 12, 2020 and the above final judgment became final and conclusive as it is.

(d)

The Defendant applied for a seizure and collection order against the Plaintiff’s claim against the Defendant, as the title to execute the final judgment of this case, under the title of execution, the Changwon District Court 2019, and 15152, and received the seizure and collection order, and filed an application for the seizure and collection order with the Changwon District Court 20 Kao, 10252.

E. On April 1, 2020, the Plaintiff intended to repay to the Defendant the total amount of KRW 27,750,895 according to the instant final judgment, but the Defendant deposited KRW 27,750,895 with the Busan District Court’s Dong Branch’s depository on the ground that the Defendant refused to receive the said amount. The Defendant received the said deposit on July 6, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 2, 4, and 5, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff asserted on April 2020.