1. The Defendant (Counterclaim Plaintiff) paid KRW 29,856,221 to the Plaintiff (Counterclaim Defendant) and its related amount from September 30, 2017 to April 12, 2019.

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

1. Facts of recognition;

A. On June 24, 2017, the Defendant awarded a contract for the instant construction work to the Plaintiff on June 19, 2017 with D Internal Works ordered by the C Organizing Committee (hereinafter “instant construction”) as the construction cost of KRW 424,829,575, Jun. 19, 2017; and on August 17, 2017, the date of completion; and the Plaintiff awarded a contract for the instant construction work. On June 24, 2017, the Defendant agreed with the Plaintiff to determine the subcontract price of KRW 268,729,306 (excluding value-added tax) (hereinafter “instant contract”).

According to the contract of this case, the defendant shall pay the construction price to the plaintiff within seven days upon receipt of the construction price from the above Organizing Committee as the ordering person.

(Article 2). (b)

The Plaintiff re-subcontracted the instant construction work to E.

C. On July 6, 2017, the Defendant received advance payment of KRW 110 million (including value-added tax) from the said Organizing Committee, and paid KRW 60 million to the Plaintiff on July 18, 2017, and the Plaintiff paid KRW 50 million to E.

The instant construction was completed on August 31, 2017.

E. On September 22, 2017, the Plaintiff sent to the Defendant content-certified mail demanding that “the payment of KRW 60,000,000,00, which was paid at KRW 295,602,237 (including value-added tax) of the instant construction cost, should be made by September 26, 2017,” which reaches the Defendant on September 27, 2017.

F. The Defendant and the said Organizing Committee settled the final construction cost of KRW 416,693,082, and the Defendant paid the remainder of the construction cost of KRW 306,693,082 on September 22, 2017 (=416,693,082 - 110,000,000) by the said Organizing Committee.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, 6, 8 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was to complete the instant construction work via E after re-subcontracting the instant construction work to E.