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

2. The Plaintiff (Counterclaim Defendant) is KRW 11,34,00,000 against the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was awarded a subcontract for each of the following construction works from the Defendant and completed the construction works.

From September 24, 2012 to November 2012, 2012 from September 24, 2012, to February 2013, 2013 from February 2013, the date of completion of the original construction period of the construction work (the original construction period) of the construction project (the original construction period) of the construction project in the Nam-gu Daegu-gu Seoul-gu D Educational Association, Daegu-gu, Daegu-gu, Seoul-gu, for the Changho Construction Project (excluding the value-added tax) of the construction project of the 75,000,000 from February 2013 to May 25, 2013, 2013.

C. Of the aforementioned E Commercial Building Construction Corporation (hereinafter “E Changho Construction”), the Plaintiff and the Defendant drafted a settlement agreement on July 25, 2013 with respect to the Changho Construction among Diplomatic Extension Works in the above C (hereinafter “C Changho Construction”), and the Plaintiff received KRW 55,130,910 from March 18, 2013 to June 27, 2013.

The Plaintiff received total of KRW 22.5 million from February 5, 2016 to February 18, 2019 from the Defendant.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The Plaintiff is a person who received KRW 117,830,910 from the Defendant during the period of February 18, 2019 out of the total construction cost of each of the above creative construction works as KRW 149,80,000,000,000 from the Defendant, and the Plaintiff seeks payment of the remaining construction cost of KRW 31,969,090 to the Defendant at the instant principal claim.

B. The Defendant asserts that the Plaintiff paid KRW 9,540,000 as the price for the construction work in C and the price for the construction work in E and the price for the construction work in E and the price for the construction work (including value added tax, KRW 82,396,00,000) in excess of the construction cost, and that the Defendant claimed payment of KRW 11,344,00 to the Plaintiff in the instant counterclaim claim.

3. Determination

A. The following facts may be acknowledged by adding the whole purport of the pleadings to each description of the evidence of Nos. 1 to 5 (including each number), which is considered to have been led by the plaintiff.