1. The Plaintiff (Counterclaim Defendant) paid KRW 61,339,087 to the Defendant (Counterclaim Plaintiff) and its related amount from February 2, 2016 to June 16, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 16, 201, the Plaintiff and the Defendant drafted a construction contract with regard to the construction work for the extension of Gangseo-gu Busan Metropolitan City B Complex No. 7 Building (hereinafter “instant building”) owned by the Defendant (hereinafter “instant construction work”), which is KRW 330,00,000 (including value-added tax), and the scheduled completion date of reclamation works, with regard to the construction work for the Gangseo-gu District B Complex No. 7 Building (hereinafter “instant building”).

B. On January 18, 2012, the Plaintiff and the Defendant drafted a written contract for construction with respect to the instant construction project, stating the construction cost of KRW 367,410,00 (including value-added tax) and the construction period from January 18, 2012 to July 10, 2012.

C. The Defendant paid the Plaintiff KRW 302,510,000,000, in total, from December 20, 201 to April 25, 2012, as the construction cost of the instant construction project.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Gap evidence 5-1 to 4, the purport of the whole pleadings

2. Assertion and determination

A. 1) The plaintiff's assertion 1) The defendant shall pay the plaintiff 367,410,000 won for the construction price of the construction of the construction of the case, deducting 302,510,000 won paid by the defendant as the construction price, and 64,90,000 won for the remainder of 302,510,000 won for the construction price of the construction of the case. 2) If the defendant deducted the construction price paid by the defendant from 335,00,000 won for the construction price of the construction of the case and offsets the defective repair cost of the building of the case due to the defect of the construction of the case, the plaintiff shall compensate the defendant for the damages

B. As to the construction cost of the instant construction project: KRW 335,00,000; the Plaintiff asserts that the construction cost of the instant construction project is KRW 367,410,000; and the Defendant asserts that it is KRW 335,00,000.

According to the evidence Nos. 1-2 and 1-2, the Plaintiff and the Defendant drafted a construction contract form with the construction cost of KRW 330,000,000 on December 16, 2011, and the construction cost of the instant construction work was KRW 367,410,000 on January 18, 201.