1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from September 2, 2015 to February 28, 2018.

1. Basic facts concerning the principal lawsuit and counterclaim;

A. The Defendant subcontracted to the Plaintiff the Changho Construction Work among the new construction works of the Cheongju-si Seoul metropolitan living facilities in a reasonable manner as follows:

(E) The construction cost (including value-added tax) during the construction period of the construction area (project owner) on October 5, 2013, 2013; KRW 2220 million on November 6, 2013, KRW 200 million on October 6, 2013; from October 6, 2013 to November 20, 2013; KRW 220 million on September 20, 2014; KRW H (I) October 1, 2014 to December 20, 2014; and KRW 20 million on September 20, 2014.

B. From July 2, 2013 to June 30, 2014, the Defendant paid to the Plaintiff a total of KRW 400 million for the construction cost of the said title, and again, paid KRW 70 million on November 17, 2014, and KRW 132 million on February 16, 2015.

The payment of the above construction cost was made in such a way as to transfer from the defendant corporate account to the plaintiff corporate account.

C. The Defendant subcontracted the metal hold construction among the construction works of the K Nuri-gu Seoul metropolitan living facilities that was contracted by J to the following content:

The construction cost (including value-added tax) during the construction period (including the place of construction) at the date of entering into a contract on April 13, 2015, L, April 14, 2015, from April 14, 2015 to August 31, 2015, KRW 8,2500,000,000 on August 4, 2015, M, from August 5, 2015 to September 8, 2015;

D. The Defendant paid to the Plaintiff KRW 44 million on June 10, 2015, KRW 10 million on August 10, 2015, KRW 12.5 million on August 10, 2015, KRW 82.5 million on September 1, 2015, and KRW 26 million on September 25, 2015, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 3 evidence (including all branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The evidence revealed prior to the determination of the cause of the claim and the following, the Defendant asserted that there was a non-execution portion concerning H Corporation (hereinafter “Counterclaim Claim”) on September 20, 2014 through a counterclaim, and sought the return of KRW 20,920,000 corresponding to the non-execution portion out of the total cost of KRW 132,000,000,000, which was paid to the relevant construction work, and thus, the remainder of the construction project, other than the part to be separately calculated.