1. The Defendant (Counterclaim Plaintiff) paid KRW 18,800,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 23, 2016 to May 16, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 13, 2015, the Defendant subcontracted to the Plaintiff the file distribution (hereinafter “instant first construction”) of the road works in the section to KRW 36 million for the construction cost, and agreed to reduce the amount equivalent to the material cost that the Defendant supplied to the Plaintiff from the construction cost, and supplied the materials to the Plaintiff.

From March 15, 2015 to March 26, 2015, the Plaintiff completed construction by performing 60 files.

B. On May 20, 2015, the Defendant paid KRW 28 million to the Plaintiff.

C. On November 2015, the Defendant subcontracted the instant construction work to the Plaintiff in the vicinity of the construction site (hereinafter “instant 2”) and completed the construction work by performing 23 files files from November 18, 2015 to November 21, 2015.

As of November 30, 2015, the Plaintiff issued a tax invoice of KRW 52,80,000 (i.e., the value of supply of KRW 48 million) to the instant 1 and 2 corporations (i.e., the value of KRW 48 million).

E. On February 5, 2016, the Defendant paid KRW 6 million to the Plaintiff.

F. On July 19, 2016, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of the unpaid construction cost of KRW 39.8 million, even if the Defendant paid only KRW 48 million and value-added tax of KRW 48 million. However, if the Plaintiff paid only KRW 13 million, the Plaintiff sent a content-certified mail demanding payment of KRW 39.8 million.

G. Meanwhile, from November 28, 2015, the Plaintiff, at the Defendant’s request, stored the tools indicated in the separate sheet owned by the Defendant in the Plaintiff’s warehouse located in Kimhae-si (hereinafter “instant tools”). On July 2016, the Plaintiff filed an application for provisional seizure of corporeal movables with the Busan District Court 2016Kadan5596 regarding the instant sections, with the amount claimed against the Defendant as KRW 33.8 million, and received the decision on August 11, 2016.

On August 30, 2016, the provisional seizure of corporeal movables was executed on the instant construction section.

grounds for recognition.