1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Defendant (Counterclaim Plaintiff)’s counterclaim filed in this Court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) Status of the party concerned 1) Korea Highway Corporation as C Corporation (hereinafter “instant Highway Corporation”)

M Co., Ltd. (hereinafter “M”) with respect to 5,18 sections among the 5,18 sections, and in the case of a stock company, the entry of “stock company” is omitted.

(2) D Co., Ltd. entered into a subcontract with D with respect to the instant tin works, including Section 16 and Section 5,6, and Section 18, as follows: (a) D entered into a subcontract with D with respect to the instant tin works, which are included in Section 16 and Section 5,6, and Section 18, as deemed below.

3) The Plaintiff, a corporation engaged in construction business, such as telecommunication, stoves, waterproof, and stone construction, as a corporation that runs construction business, such as telecommunications and 485,000,000 won for the total construction cost (excluding value-added tax; hereinafter the same shall apply) with respect to 16 construction sections 21 among E and the instant stone construction.

4) The Defendant (mutual F) is a personal entrepreneur who runs the wholesale and retail business of stone, and the Defendant’s father, the father, is a person who actually operated the business, such as concluding and implementing the building material supply contract under the name of the Defendant.

B. From the end of October 2016, the Plaintiff and the Defendant made a verbal agreement on the construction period of 16 sections 21 sub-subcontracted by the Plaintiff from November 1, 2016 to December 17, 2016 with respect to the construction period of 432,00,000 won, and the total amount of 432,00,000 won per week to the Defendant as advance payment. 2) Since then, the Plaintiff received a re-subcontract of the construction work for 5,18 sections from M’s subcontractor, and 6 sections from D’s subcontractor, respectively.

Accordingly, the Plaintiff entered into a new oral agreement with the Defendant on the whole of the instant tin works including tin construction works with respect to 16 sections, which were verbally agreed with the Defendant.

(hereinafter “instant contract”). 3. The instant contract