1. The Defendant (Counterclaim Plaintiff) paid KRW 7,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from September 16, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 2015, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 23 million for the construction work of underground warehouses (hereinafter “instant building”) newly constructed on B prior to Jeju-si 2916 square meters (hereinafter “instant land”).

B. Upon completion of the instant construction project, the Plaintiff asserted that the Defendant did not receive KRW 7 million out of the construction price, and occupied the instant building.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion against the Defendant sought payment of KRW 7 million for the unpaid construction cost of this case and damages for delay, and seek confirmation of the existence of a lien with respect to the aforementioned unpaid construction cost claim as the secured claim.

B. The Defendant alleged that the construction cost of this case was paid KRW 16 million out of KRW 23 million by account transfer. The Defendant directly purchased and delivered materials, such as steel bars and cement, which were used at the construction site of this case to the Plaintiff, and paid KRW 10,252,088 as material price. The Defendant did not have the remainder of the construction cost to be paid to the Plaintiff. Rather, the Plaintiff should return to the Defendant the excess payment of KRW 3,252,08 (=10,252,088 - KRW 7 million).

As above, the Plaintiff: (a) accumulated construction materials on the instant land in which the Defendant had received full payment of the agreed construction cost; and (b) asserted the lien while occupying the instant building; (c) as compensation for damages, the Plaintiff shall pay KRW 10,054,756, equivalent to the land rent incurred by the Defendant due to the Plaintiff’s obstruction of construction, and KRW 1,072,575, and KRW 20,000,000,00 for anticipated rent for the instant building that was incurred due to the instant building’s failure to use the instant land as planned.

Ultimately, the construction cost that has been paid in excess against the plaintiff, and