1. The Defendant (Counterclaim Plaintiff) paid KRW 52,531,600 to the Plaintiff (Counterclaim Defendant) and its amount from May 27, 2015 to September 30, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 2014, the Defendant contracted the construction of a parking lot to the building site of the building C located in the Gosung-gun, Gosung-gun, Gangwon-gun, to perform the construction work.

B. On March 2015, the Defendant entered into a contract with the Plaintiff, which is engaged in construction business under the name of D with respect to the construction of sidewalk jubs and the construction of boundary stone (hereinafter “instant contract”). The content of the construction is that the ordering person provides boundary stone, ready-mixed, etc., and the Plaintiff mobilized human resources to install news jubs, boundary stone, etc.

C. The Plaintiff from March 11, 2015 to the same year

4. Until December 22, 200, the construction work under the instant contract was completed, and the construction cost that the Defendant currently did not pay to the Plaintiff is KRW 52,531,600.

On the other hand, some of the Hando boundary stone constructed by the plaintiff was destroyed, and the defendant repaired 30 of them according to the request for emergency remuneration of Gosung-gun.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 4, Eul's statements in Gap's evidence 1 to 3 (including branch numbers) and the purport of the whole pleadings

2. According to the above facts finding as to the claim on the main claim, the Defendant is obligated to pay to the Plaintiff the interest payment amount of KRW 52,531,60 and the damages for delay at each rate of KRW 15% per annum after the amendment from May 27, 2015 to September 30, 2015, which is the day following the day when the original copy of the instant payment order was served to the day when the provision on the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended and enforced.

The Plaintiff sought payment of damages for delay at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment. However, the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings are amended on October 1, 2015.