1. The Defendant (Counterclaim Plaintiff) paid KRW 10,195,00 to the Plaintiff (Counterclaim Defendant) for KRW 10,195,00 and for this, from March 1, 2016 to December 13, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 7, 2015, the Plaintiff engaged in a building business: (a) was determined by the Defendant as the price for detached houses C located in the Gyeongcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun (excluding value-added tax, and 49,500,000 if it is included therein), and was awarded a contract.

(hereinafter the above construction works are “the instant construction works” and the said contract are “the instant construction contract”). B.

On September 4, 2015, the Plaintiff completed the instant construction and transferred the said house to the Defendant at that time.

C. The Plaintiff received KRW 38,000,000 from the Defendant as the instant construction cost, and currently remains 11,50,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff did not pay value-added tax of KRW 4,500,000, the Plaintiff imposed penalty tax of KRW 1,536,580 on value-added tax, the Plaintiff should be paid the total amount of KRW 11,50,000 and penalty tax of KRW 1,536,580.

B. A large number of defects exist in the housing constructed by the Plaintiff in the instant construction project, and damages in lieu of such defects are KRW 19,954,000.

Upon the Plaintiff’s request, the Defendant deposited KRW 500,000 in the account of the electrical construction business operator. At the later time, the Defendant was aware of the electrical construction cost of KRW 242,00,000, and the Plaintiff should return the difference of KRW 258,00 to the Defendant.

As such, the Plaintiff shall pay the Defendant the total sum of KRW 20,212,000. The Defendant shall be paid KRW 8,712,00,000 after deducting the unpaid construction cost from the above amount of KRW 11,50,000.

3. As seen earlier, the Defendant is obligated to pay the said amount to the Plaintiff, since it did not pay KRW 11,500,000 out of the construction cost of the instant case.

However, we examine the part concerning the additional tax of KRW 1,536,580 claimed by the plaintiff.

Gap evidence No. 12 shall contain the purport of the whole pleadings.