1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a corporation with the purpose of construction business, etc. and the defendant is an individual entrepreneur who runs construction business under the trade name of "C".

On March 3, 2015, the Plaintiff was awarded a contract with Hancheon-si D and one parcel of land (hereinafter “instant construction”) from Hancheon-si Co., Ltd., and subcontracted construction of new factories on May 2015 to F, an individual entrepreneur, who runs construction business under the trade name “E” during the instant construction project, the Plaintiff subcontracted construction of common theory, steel reinforced concrete, panel, aesthetic view, lighting, waterproof, and machinery and equipment.

On September 18, 2015, the Plaintiff entered into a subcontract agreement with F to reduce the scope of the said subcontracted works into a string, sculpture, waterproofing, and machinery and equipment construction. On the same day, the Plaintiff entered into a standard subcontract agreement with the Defendant to subcontract the remainder of common theory, steel reinforced concrete, and panel construction (hereinafter “instant subcontracted construction”) with construction cost of KRW 818,40,000 (including value-added tax).

(hereinafter the Plaintiff’s assertion of the parties concerned as to the claim of the principal lawsuit as to the claim of the entire purport of the pleading, as a party to the instant subcontract, was voluntarily suspended construction work in the absence of any obligation to perform construction work under the said subcontract, even though the Plaintiff, as a party to the instant subcontract, is obligated to perform construction work under the said subcontract.

Therefore, the Defendant: ① KRW 81,610,332 of the construction cost that the Plaintiff paid to the Defendant (i.e., KRW 450,010,32 of the materials cost that the Plaintiff paid to the Defendant (i.e., KRW 450,000,000), KRW 818,400,000 of the construction cost of the instant subcontract; ② KRW 62,274,521 of the non-construction cost; ③ oil cost and labor cost subrogated by the Plaintiff; ③ KRW 36,059,412 of the oil cost and labor cost subrogated by the Plaintiff; and ④ likewise, the Plaintiff