The plaintiff (Counterclaim defendant)'s main claim is dismissed.

Plaintiff (Counterclaim Defendant) 29,181,240 won and 29,181,240 won against Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 27, 2017, the Plaintiff entered into a construction contract with the Defendant on May 27, 2017, setting the construction period from May 27, 2017 to September 25, 2017 as the total contract amount of KRW 220 million (excluding value added tax) with respect to a construction project that constructs a new house on the ground of the Defendant and the Gyeongbuk-gun Group C (hereinafter “instant construction project”). In such cases, D, who was awarded a subcontract from the Plaintiff, puts his/her name and affix his/her seal on the said contract as the Plaintiff’s agent.

B. On May 25, 2017, the Defendant remitted the Plaintiff’s bank account under the name of the Plaintiff to KRW 20 million, KRW 46 million on June 7, 2017, KRW 60 million on July 5, 2017, KRW 150 million on July 31, 2017, and KRW 154 million on July 31, 2017, and the Plaintiff completed the instant construction around December 12, 2017.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1 and 2 (including various numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 220 million, which is KRW 66 million, to the Plaintiff. However, since the Defendant paid KRW 20 million to D on September 6, 2017, the Defendant paid the construction cost of KRW 20 million on the test that the Plaintiff is obligated to pay to D, it deducted the claim amount from the claim amount. Ultimately, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 46 million and the delayed damages therefrom.

B. According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay the remaining KRW 46 million after subtracting the remainder of KRW 20 million, which the plaintiff deducteds from the unpaid construction cost of KRW 64 million, and the delayed damages.

As to this, the defendant paid the construction cost of KRW 64 million to D, a representative of the plaintiff, by paying the construction cost of KRW 64 million.

The argument is asserted.

The above evidence, Eul evidence, evidence No. 2, witness D's testimony.