1. Plaintiff (Counterclaim Defendant) who exceeds the following order of payment among the part concerning the counterclaim of the first instance judgment.

1. Basic facts

A. As between August 16, 2013 and B, the Defendant concluded a contract for construction works to remodel B buildings located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) by setting the construction cost of KRW 430,000,000 (Additional tax separate), the construction period from October 1, 2013 to December 30, 2013, and setting the rate of penalty for delay of KRW 1/100 as 1/100, and the period of construction of the B building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”).

(hereinafter referred to as the “instant remodelling project”). B.

On September 4, 2013, the Plaintiff agreed that KRW 35,200,00 (including value-added tax) and KRW 35,200,00 (including value-added tax) and KRW 10,560,000 for the contract to manufacture and install elevators on the instant building (hereinafter “instant contract”) with the Defendant on November 9, 2013 (hereinafter “instant construction”) (hereinafter “instant construction”), and the intermediate payment of KRW 21,120,000 shall be paid to the Plaintiff respectively at the time of issuance of the certificate of completion.

C. around October 20, 2013, Defendant and B agreed to reduce the closing date of the instant remodeling project from December 30, 2013 to November 30 of the same year.

The Defendant paid to the Plaintiff the instant construction cost of KRW 10,560,000 as down payment on October 4, 2013, and KRW 22,00,000 on November 18 of the same year, respectively, but the Plaintiff failed to complete the instant elevator construction by the scheduled due date for payment, and due to the delay in the instant elevator construction, the Defendant failed to complete the instant remodeling construction by the scheduled date for the instant elevator construction work.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 4, 5, and 16, and the purport of the whole pleadings

2. The fact that the Defendant’s judgment on the claim for the principal lawsuit is obliged to pay the Plaintiff the balance of the construction cost of the instant elevator to the Plaintiff is KRW 2,640,00, and there is no dispute between the parties, and barring any special circumstance, the Defendant is liable to pay the Plaintiff the balance of the construction cost of KRW 2,640,0

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