1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

1. Facts of recognition;

A. On September 21, 2015, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant to implement construction works for the extension of the construction of the construction of the construction of the construction of the Incheon City C and D ground (60 square meters; hereinafter “instant construction works”) at KRW 72 million and the construction period from September 23, 2015 to October 22, 2015 (hereinafter “instant construction contract”).

B. The Plaintiff carried out the instant construction in accordance with the instant contract, and the approval for use was issued on January 27, 2016 with respect to the above Macheon-si C and D ground factory buildings.

C. The Defendant paid to the Plaintiff money by transferring the money to the Plaintiff’s spouse E account or to the Plaintiff’s new account in the Plaintiff’s name, or by delivering cash to the said new account.

The method of payment No. 50,000 won for the other party’s account transfer of KRW 13 million on October 2, 2015, 2015; the account transfer of KRW 20,000 won on October 22, 2015; and the account transfer of KRW 5 million on November 10, 2015; November 30, 2015; the account transfer of KRW 25 million on November 30, 2015; and the new account transfer of KRW 6,500,000 won on November 30, 2015; and the total of KRW 70,000,000 won on November 30, 2015, KRW 7,400,000 won on November 30, 2015; and the total of KRW 600,700,000 won on account transfer of KRW 7,500,000,000.

D. The Plaintiff did not hold a comprehensive construction business license. In return for lending a construction business license to an account in the name of F Co., Ltd., the Defendant transferred KRW 2 million on September 25, 2015, and KRW 15 million on October 2, 2015, respectively.

Although the defendant alleged that 400,000 won that was withdrawn in cash on September 25, 2015 was paid to F Co., Ltd., the statement in subparagraph 15 alone is insufficient to recognize it, and there is no other evidence to prove it otherwise.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 12, Eul evidence 1, 4, 6, 15, 1, 3-1, 14-1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiff completed the construction of this case under the contract of this case. However, the defendant had already completed the construction of this case to the plaintiff.