1. The Defendant (Counterclaim Plaintiff) paid KRW 12,413,547 to the Plaintiff (Counterclaim Defendant) and its related amount from September 1, 2016 to January 9, 2020.

Facts of recognition

A. On April 20, 2015, the Defendant: (a) completed the instant new construction project; (b) On April 20, 2015, to use the instant new construction project for C, etc., the Defendant is the Plaintiff, Busan Shipping Daegu D and three lots of ground neighborhood living facilities and detached houses

) New construction works (hereinafter “new construction works of this case”)

(1) The contract was entered into with the following content (hereinafter “instant contract”).

() A construction period: A contract amount from June 1, 2015 to November 30, 2015: KRW 765,600,000 (supply price of KRW 696,00,000,000), and the approval for use of the instant building was granted on January 26, 2016.

around that time, the Defendant received the instant building, and paid KRW 765,600,000 to the Plaintiff regarding the instant new construction project by April 15, 2016.

B. On December 2015, the Defendant is to use the land adjacent to the instant new construction site as a C parking lot for the purpose of using it as a C parking lot, and the Busan Shipping Daegu E (hereinafter “instant leased site”) located immediately adjacent to the instant new construction site.

(2) As a guarantor of the instant contract, F, who served as the Plaintiff’s on-site agent at the new construction site, carried on a separate construction business in the name of “G”. In order to create a parking lot in the instant leased site, the Defendant entered into a contract with F to contract the construction with the following content:

The construction work for the removal of the existing building in the leased site of this case (only the construction work period of December 14, 2015, contract amount of 4,700,000, value added tax separate), and the construction work for the construction of the site in the leased site of this case (only the contract amount of 7,500,000, value added tax for the construction work period from December 19, 2015 to December 20, 2015) and the construction work for the parking lot in the leased site of this case (only the value added tax for the construction work period of 23 December 2015 to December 31, 2015, the contract amount of 5,00,000,000, 17,940,000, value-added tax, separate amount of value-added tax, and No. 11, No. 11) of the above parking lot contract for the construction work of this case.