2. The costs of lawsuit shall be assessed by adding the principal lawsuit and the ancillary counterclaim.

A. On January 25, 2016, the Defendant entered into a contract with the Plaintiff on a contract for construction of a multi-family house on the ground C in Ansan-gu, Ansan-gu (hereinafter “instant construction”) (hereinafter “instant contract”).

B. The construction period of the instant contract is from January 25, 2016 to May 10, 2016; the construction price is KRW 370,000,000 (excluding value-added tax); and the rate of liquidated damages was 1/100 of the daily allowance contract amount.

C. The Defendant obtained approval for the use of the multi-family house newly built according to the instant construction (hereinafter “instant building”) around October 21, 2016.

The details of the construction cost of this case directly paid by the Defendant to the Plaintiff under the contract of this case are as follows.

[Attachment 1] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 14, and 15 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) Although the Plaintiff completed the instant construction work in accordance with the instant contract, the Defendant paid only KRW 289,797,597 out of the construction cost of KRW 407,00,000 (the contractual amount of KRW 370,000,000,000) (the contractual amount of KRW 377,000,000), the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 117,202,403 ( KRW 407,00,000 - 289,797,597,597) and the delay damages therefrom. (2) The Plaintiff suspended the instant construction work on July 2016, and thereafter, the Defendant completed the instant construction work directly by the Defendant, and the Defendant spent KRW 38,47,805,05 as set forth in the instant contract until the completion of the construction work.

B. The following circumstances, namely, the Plaintiff and the Defendant, for the purpose of securing the construction cost of the instant case, are as follows: (a) the judgment on the instant claim; (b) the written evidence Nos. 5 through 23, 25 through 28, 31, and 32; and (c) the witness D’s testimony by adding the entire purport of the pleadings to the entire purport of the pleadings.