1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following amounts shall be ordered to be paid:

1. Basic facts

A. On March 2018, Defendant (contractor) entered into a construction contract for interior works (hereinafter “instant construction contract”) with the Plaintiff at KRW 50,000,00 and entered into between the Plaintiff and the second-class restaurant (hereinafter “instant restaurant”) for the interior works (hereinafter “instant construction contract”) of Jung-gu Seoul and the second-class restaurant (hereinafter “instant restaurant”). On March 28, 2018, Defendant (contractor) completed the said construction works on March 28, 2018.

B. From March 5, 2018 to March 23, 2018, the Plaintiff paid a total of KRW 45,000,000 to the Defendant out of the instant construction cost.

C. On the other hand, the Defendant was sentenced to a fine for violating the Framework Act on the Construction Industry on the construction industry without registering the construction business to the Minister of Land, Infrastructure and Transport.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, Eul evidence 1-1, Eul evidence 1-2, and the purport of the whole pleadings

2. Judgment on the counterclaim

A. According to the above facts of recognition as to the cause of counterclaim claim, the Plaintiff is obligated to pay the Defendant the amount payable in the construction cost of this case, including KRW 5,000,000, and delay damages therefrom, unless there are special circumstances.

B. The plaintiff's assertion asserts that since the defendant did not register the construction business, the construction work of this case cannot be paid to the defendant.

However, the above circumstances asserted by the Plaintiff cannot be seen as affecting the judicial effect of the construction contract of this case, and it cannot be deemed that there is any obstacle, obstruction, and destruction of the claim for construction cost under the above contract. Therefore, the above argument by the Plaintiff is without merit.

C. According to the theory of lawsuit, the Plaintiff’s interest in the construction cost of KRW 5,00,000 that was not paid to the Defendant, and as requested by the Defendant from March 29, 2018 to February 12, 2019, the delivery date of the copy of the counterclaim of this case, from March 29, 2018, the day after completion of the instant construction work.