1. The Defendant (Counterclaim Plaintiff) paid KRW 45,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 22, 2017 to May 31, 2019.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On February 17, 2017, the Plaintiff and the Defendant concluded a contract for construction works (hereinafter “instant contract for construction works”) with respect to the new construction works of the land neighborhood living facilities in the Gandong-gun (hereinafter “instant building”) on February 20, 2017; the scheduled date for completion of the relevant construction works; June 20, 2017; and KRW 315 million for construction works (hereinafter “instant contract for construction works”).

B. According to the instant construction contract, the owner shall pay the Plaintiff, a beneficiary, the amount of KRW 200,000,000,000, out of the construction price of KRW 315,000,000, to be paid as the progress payment three times, and shall pay KRW 115,000,000 within 30 days after the pre-use inspection. When the Plaintiff fails to complete the construction by the deadline for completion, the amount calculated by multiplying the rate of liquidated damages by the contract price per every

C. On December 9, 2016, the Plaintiff obtained a building permit from the competent authority for the instant building on December 9, 2016, and obtained a permit for construction from the competent authority to remove the drawings of the first and second underground floors, which were designed as the second and second underground floors, to the third and third floors above the ground, and obtained a permit for construction alteration from the competent authority on March 9, 2017.

The Defendant reported the commencement of construction to the competent authority on March 16, 2017 and received the same day’s report completion certificate, and the Plaintiff commenced the instant construction on the same day, and obtained approval for the use of the instant building from the competent authority on August 28, 2017.

E. On April 26, 2017, the Defendant paid to the Plaintiff KRW 80 million among the construction cost, KRW 16 million on July 5, 2017, and KRW 4 million on July 6, 2017, respectively. After the construction of the instant building, the Defendant paid KRW 160 million on September 8, 2017, and KRW 270 million on September 29, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3 through 5, 9, 13, and the purport of the whole pleadings

2. According to the above facts of recognition as to the principal claim, the Plaintiff received a supply from the Defendant.