1. As to the Plaintiff (Counterclaim Defendant) KRW 25,925,895, and KRW 13,863,265 among them, the Defendant (Counterclaim Defendant) shall have the effect on February 19, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company that aims at real estate implementation business, construction business, and civil engineering business.

On December 30, 2015, the Plaintiff received a contract by setting the contract amount of KRW 620,00,000 (excluding value-added tax), the construction period of January 5, 2016 to July 4, 2016; the rate of delay penalty of KRW 1/1000 per day; the final amount of delay penalty of KRW 1/1000 per annum within 60 days after completion and the delayed interest rate of KRW 24% per annum from the Defendant.

(hereinafter “instant construction contract”). On January 2, 2017, the Plaintiff received contracts from the Defendant on the terms of contract amounting to KRW 70,000,000 (excluding value-added tax) for the interior remodeling of the second floor of the instant housing and the rooftop construction from the Defendant, and January 1, 2017 to February 20, 2017 for the construction period.

(hereinafter “instant additional construction contract”). The Plaintiff completed the instant house in accordance with the instant construction contract, and obtained approval for use on December 19, 2016, and completed the instant additional construction contract.

[Ground of recognition] The defendant asserts that the principal lawsuit of this case is unlawful against the agreement to institute a suit, as a whole, that there is no dispute, Gap evidence Nos. 1, 2 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 5, and 12, and the purport of the main defense as a whole.

In light of the overall purport of the pleadings in the statements in evidence Nos. 5, 5, 8, and 32, D, the creditor of the Plaintiff, attached the Plaintiff’s claim for construction cost against the Defendant under the instant construction contract on July 8, 2016 (Seoul District Court 2016Kadan3847), and D, on December 22, 2016, received a seizure and collection order of the said provisional seizure from the Defendant (Seoul District Court 2016TT 2016T 311798), and filed a claim for collection money (Seoul District Court 2017Gada16498), and D, the decision of performance recommendation was finalized on March 23, 2017; and D, on April 11, 2017, based on the said decision of performance recommendation.