1. On June 1, 2010, the efficient wage contract and the agreement around January 1, 2011, against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) based on the agreement.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed facts

A. The Plaintiff is a stock company with the purpose of soil and sand, reinforced concrete business, etc., and the Defendant is a business operator engaged in construction business, civil engineering work, etc. under the trade name of C.

B. From April 2010 to June 2010, the Plaintiff was awarded a subcontract for part of the D 1, 2, and 4 sections, and the tunnel construction work (hereinafter “instant construction work”) from a gold industry corporation (hereinafter “gold industry”).

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, purport of whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff asserts that “The construction of this case was conducted directly by the Defendant and was not sub-subcontracted to the Defendant, and thus there is no obligation to pay the construction price to the Defendant,” and sought confirmation of the absence of the obligation to pay the construction price as stated in the claim.

B. The defendant asserts that "the construction of this case was re-subcontracted by the plaintiff and carried out the construction of this case. The plaintiff is obligated to pay to the defendant the unpaid construction price of KRW 1,174,199,028 and damages for delay."

3. Determination

A. According to the following circumstances, it may be acknowledged that the Plaintiff did not directly perform the instant construction work and had the Defendant re-subcontract the Defendant perform the instant construction work without performing the construction work directly, under the following circumstances, according to the entries in Nos. 3, 4, 5, and 12 (Additional Number omitted) as to whether the Plaintiff subcontracted the instant construction work to the Defendant, and the result of appraiser E’s appraisal and the purport of the entire pleadings.

1) On June 1, 2010, the Plaintiff drafted a contract with the Defendant for the construction of the 1,2 tools structure of the 1, and the 2nd section structure (hereinafter “instant efficient supply contract”) as follows, and explicitly states that the Plaintiff will undertake the construction work to the Defendant.

The name of the construction project under the efficiency supply contract: the construction project site for the new construction of D Nowon-gu and other construction works, and the construction site for the structure of Section 2: Friwon from South to North Griwon.