1. The first instance judgment, including a counterclaim claim added by this court, is modified as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 2013, the Defendant: (a) contracted the construction work of constructing the Defendant’s detached housing on the second parcel, such as Seocheon City C, etc., to the Plaintiff operating the individual business under the trade name of G (including value-added tax) at KRW 101,80,000 (including the construction cost)

(hereinafter “instant construction contract”). The Plaintiff completed most of the instant construction works, and the Defendant received a delivery of housing around December 2013 or around early 2014.

B. From June 25, 2013 to November 5, 2013, the Defendant paid the Plaintiff KRW 72,900,000 as the construction price.

[Ground for recognition] The fact that there is no dispute (the plaintiff alleged that the construction price is KRW 101,80,000,000, but revoked his confession with the payment of the construction price of KRW 106,80,000 in the preparatory documents dated February 19, 2018; however, there is no evidence to prove that the confession was based on the truth and mistake, but there is no evidence to prove that the confession was based on mistake against the truth), Gap 1, 4, and 5 (including the number of each branch number; hereinafter the same shall apply), Eul 2, and the purport of the entire pleadings, as a whole.

2. Judgment on the principal lawsuit

A. According to the facts based on the balance of the agreed construction cost, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 28,900,000 (the construction cost of KRW 101,800,000 - the construction cost of KRW 72,900,000) and the delay damages, unless there are special circumstances.

B. In full view of the absence of dispute between the parties to the part acknowledged the construction cost of the additional construction, or of the Gap evidence Nos. 4 and 5, part of Gap evidence Nos. 6, and the result of the appraisal by appraiser D of the first instance court as to D of the first instance court, the plaintiff added construction work equivalent to KRW 311,016, and KRW 15,794, and KRW 155,794, and KRW 1,001,727, and KRW 321,365, and KRW 325,05, to the construction work for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the entrance.

Therefore, barring any special circumstance, the Defendant’s additional construction cost of KRW 1,789,902 =311,016 KRW 155,794.