1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 36,985,600 and also the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 22, 2015, the Plaintiff planned to operate a cafeteria with the trade name “E” at the seat of Gangnam-gu Seoul (hereinafter “E”), and entered into a contract with the Defendant, who is engaged in the Rotterdam construction business, on July 22, 2015, to contract the Defendant with the instant cafeteria construction work.
(hereinafter “instant contract” and the part of the construction agreed upon at the time of the conclusion of the said contract is referred to as “the existing construction of the instant case”). Among them, the contents relating to the instant case are as follows:
[Article 1 (Opening of Works) Details of the Project shall be as follows:
2. Period of construction: (Date of Work: July 22, 2015 (Date of Work Completion)
1. Payment of 154,00,000 won in 385,00,000 won in 38,50,000 won in 380,000 won in 380,000 won in 200 won in 2015 (7 22, 2015) in 10% in 154,000 won in 150,000 in 154,000 in 40% in 20% in 2015 on the commencement date of construction (3 weeks in 2015) in 40% in 20% in 200 in 38,50,000 in 200 in 200 in 200 in 2015);
B. On October 8, 2015, while the Defendant started and was proceeding with the construction on July 27, 2015, the Defendant submitted to the Plaintiff a written estimate of additional construction cost of KRW 100,700,000 (value-added tax separate) and obtained the Plaintiff’s consent, and began construction work under the said written estimate according to the Plaintiff’s instruction.
(2) The Plaintiff, at the first instance court, asserts that the said additional quotation was unilaterally submitted by the Defendant and that there was no agreement on the additional construction. However, the said additional quotation was written, while the said additional quotation was stated to the effect that there was no agreement on the additional construction.