1. The Defendant (Counterclaim Plaintiff) paid KRW 33,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 28, 2015 to September 30, 2015.

1. Basic facts

A. On October 4, 2012, the Defendant contracted a new construction of D on the ground of Changwon-si, Changwon-si, Changwon-si, Inc. (hereinafter “B”), and the Plaintiff was awarded a subcontract by the Defendant for the electrical construction work during the said new construction work (hereinafter “instant construction”) by the construction period of KRW 116,60,000, and the construction period of November 30, 2012.

B. As the Defendant was unable to fully pay the construction cost of the instant construction due to an insolvent financial situation, the Plaintiff and the Defendant agreed to settle the construction cost by payment in kind, and that “D 202 (hereinafter “D 202”) shall be sold in lots by the Plaintiff or the Plaintiff’s designated entity, and KRW 100 million shall be loaned in the name of the buyer, and the remainder KRW 83,600,000 shall be paid to the Defendant as the sales price, and the remainder of KRW 83,60,000 shall be paid to the Plaintiff immediately after the Defendant offseted the construction cost to the Plaintiff.”

C. On January 29, 2013, the Plaintiff purchased the instant loan in the name of E, and completed the registration of ownership transfer in the name of E on February 1, 2013.

In addition, on January 23, 2013, L of the instant case, E takes over the right to collateral security (No. 110,500,000 won for the obligor B and the maximum debt amount; hereinafter “the right to collateral security”) of synthetic community credit cooperatives, which was established as of January 23, 2013, and on February 5, 2013, E additionally created the right to collateral security (No. 18,00,000 won for the maximum debt amount (hereinafter “the right to collateral security”) with the said community credit cooperatives.

On January 23, 2013, a loan of KRW 85 million, which is a secured debt of the right to collateral security, was immediately paid from the above community credit cooperative on January 23, 2013, and the loan of KRW 15 million, which is a secured debt of the right to collateral security, was paid by E on February 5, 2013 and remitted to B on the same day.

On the other hand, the defendant filed a lawsuit against B seeking construction cost of D New Construction on March 2013, and B filed a counterclaim claiming damages, etc. due to defects. On September 4, 2014, the defendant filed a lawsuit against B on March 3, 2014.