1. The Defendant (Counterclaim Plaintiff) paid KRW 5,043,500 to the Plaintiff (Counterclaim Defendant) and its related amount from December 21, 2018 to February 14, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

(1) The Plaintiff is a construction business operator who carries on the painting of a ship under the trade name of C, and the Defendant is a construction business operator who carries on the vessel repair business under the trade name of D.

Do. The Defendant was awarded a contract with F and G repair, a vessel owned by E, around 2016, around 2016.

Secondly, on August 24, 2016, the Defendant entered into a contract with the Plaintiff for work payment of KRW 16,280,000 (excluding value-added tax) plus seal construction work, including KRW 4,080,000, and KRW 11,200,000, KRW 11,280,000, and KRW 16,280,000, in total, as well as KRW 16,280,00 (excluding value-added tax).

x. In addition, on November 4, 2016, the Defendant drafted a written estimate between the Plaintiff and the Plaintiff to set the construction cost at KRW 73,115,00 (hereinafter referred to as “G painting construction”) at KRW 73,115,00, the Defendant issued a contract with the Plaintiff by reducing the construction cost to KRW 54,585,00 (excluding value-added tax) for the portion revoked.

(v) Around January 2017, the Plaintiff completed all painting and G painting construction. The Defendant paid KRW 140,80,000 to the Plaintiff out of KRW 146,151,50 (=78,280,585,000 (=78,280,585,000) value-added tax of KRW 13,286,50), respectively, (i) the Plaintiff paid KRW 146,151,500 (=3,286,500) for each of the said construction costs). [In the absence of dispute over the recognition, evidence Nos. 1, 4, 5, 6-1, 2, 7-1, 2, 7-2, 3-3, witness testimony, part of the pleadings, and the purport of the entire pleadings.

2. Judgment on the plaintiff's main claim

A. The Defendant did not pay to the Plaintiff KRW 4,585,00 (excluding value-added tax) out of the construction cost of the G seal Corporation.

② In addition to F seal work, the Plaintiff also performed an additional construction work in an amount equivalent to KRW 16,657,90, including cleaning, painting work, and physical lock work, between November 13, 2016 and December 24, 2016.