1. As to the Plaintiff (Counterclaim Defendant)’s KRW 25,100,596 and the Plaintiff’s 9,656,524 among them, the Defendant (Counterclaim Defendant)’s KRW 25,65,524 on August 21, 2012.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 30, 2012, the Plaintiff entered into a contract for remodeling of childcare centers located in Gyeonggi-gun Group C (hereinafter “instant construction contract”) with the Defendant during the period from May 1, 2012 to June 15, 2012, setting the total construction cost of KRW 138,700,000 (excluding value-added tax) and the period from May 1, 2012 to June 15, 2012.

B. In the course of the Plaintiff’s execution of the instant construction project, some items of construction were revoked through consultation with the Defendant, and accordingly, the construction amount of the instant construction project was reduced to KRW 127,300,000 (excluding value-added tax).

C. Meanwhile, in the process of performing the instant construction project at the Defendant’s request, the Plaintiff carried out additional construction works, such as removal works, rooftop works, and other external works, stairs room works, and infant care room works (hereinafter “instant additional construction”).

The Plaintiff completed the instant construction work on June 24, 2012.

E. The Defendant paid the Plaintiff construction cost of KRW 140,600,000 in relation to the instant construction work.

[Ground of recognition] Unsatisfy facts, Gap evidence 1 through 5, and evidence 9 through 20 (including each number in the case of additional evidence) and images, the result of appraisal of appraiser D's construction cost, and the purport of the whole pleadings

2. Determination on the main claim

A. The construction amount of the instant construction is reduced to KRW 127,300,000 due to the cancellation of some construction items, as seen in the above basic facts.

B. The construction amount due to the instant additional construction project is examined as follows, and the Plaintiff and the Defendant’s respective arguments regarding the portion that is not judged separately in relation thereto are not accepted.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, evidence 9 to 20, and Eul evidence 6.