1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 3, 2018, the Defendant awarded a contract for the electrical construction of the third floor of the commercial building in C’s ground building (hereinafter “instant electrical construction”) to D, but concluded a construction contract with the Plaintiff, who had been a subcontractor D, to which the Defendant had concluded the contract for the said electrical construction (hereinafter “instant construction contract”) with a fixed period from June 5, 2018 to June 20, 2018, with the construction cost of KRW 5,100,000 (the construction cost of the said electrical construction cost of KRW 4,90,000 and the construction cost of lighting, such as rooftop boiler rooms, etc.) and the construction cost of the said electrical construction (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

5. Method of paying the construction cost (1), payment of 1,500,000 won: (2) Payment of progress payment: Commencement of the construction work and inspection of the nature at the time of the execution of paragraphs (a) and (b). The balance amount of KRW 1,500,000: Payment after completion of all works.

6. The Plaintiff will undertake an unsatisfy work among the works subcontracted by the representatives of D (B) other than those subcontracted by D.

(C) Special terms and conditions of the contract ③ Construction cost subcontracted by D Representative is KRW 4,800,00,000, which was not paid KRW 3,300,000 by the time of the conclusion of this contract. Accordingly, according to the fact that D does not work, the Plaintiff is performing the construction within the construction period regardless of D, and the construction cost shall be paid by the Defendant.

(5) Compensation for delay in the aggregate of 4,900,000 won shall be paid to the defendant for delay in the construction period per day.

B. The Defendant paid KRW 1,500,000 to the Plaintiff at the time of the conclusion of the instant construction contract, and paid KRW 1,500,000 for the remainder payment around June 8, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1 (the same as evidence No. 1) and the purport of whole pleadings

2. The grounds for the claim;

A. Since the Plaintiff completed the instant construction project on or around June 19, 2018 pursuant to the instant construction contract, the Defendant shall pay the Plaintiff the remainder amount of KRW 2,100,000 under the said construction contract and the damages for delay.