1. The judgment of the first instance, including the Defendant-Counterclaim Plaintiff A’s counterclaim claim expanded from the trial, is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except that the part of the reasoning for the judgment of the court of first instance, i.e., “non-party company” as “Defendant company” and “Witness E” as “Witness E of the court of first instance,” and that the part of the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. On September 18, 2009, the Plaintiff entered into a subcontract for the instant construction project with Defendant A, while entering into the said subcontract. However, since the contract was prohibited from subcontracting under the original contract, the Plaintiff merely prepared an agreement on payment of performance-based rates with Defendant A in lieu of the subcontract, and thus, the said contract is a de facto subcontract for the said construction project. Accordingly, Defendant A merely agreed with the Plaintiff to receive performance rates as a field manager in relation to the instant construction project.

In light of the following circumstances that can be acknowledged by comprehensively taking account of the overall purport of the arguments as seen earlier, namely, ① Defendant A appears to exercise the overall authority over the progress of the instant construction without undergoing specific direction or supervision by the Plaintiff in connection with the instant construction work; ② Defendant A bears the duty of repair of defects in the instant construction work; ③ Defendant A agreed to receive 80% of the remainder of the construction cost, excluding the cost paid by the Plaintiff, out of the construction cost paid by the ordering entity, as the payment for the construction work; ④ Defendant Company entered into a subcontract with mentor and re-subcontract with the Defendant during the instant construction work.