1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the amount that orders payment under the following.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. If the construction cost is settled according to the volume executed by the Defendant, the construction cost to be paid by the Plaintiff to the Defendant is KRW 1,824,885,156, including value-added tax.

The Plaintiff paid 1,894,971,300 won to the Defendant as progress payment. ② The Plaintiff paid 38,760,547 won in total due to the office rent and the damage caused by the destruction of goods to the boom restaurant which the Defendant is obliged to bear, on behalf of the Defendant, the Plaintiff paid 192,081,00 won in personnel expenses for the outside part (hereinafter referred to as the “ outside part”) which was incurred by the Defendant.

1,824,885,156 and total sum of 2,190,190,190,347 won, such as the payment of the construction cost that the Defendant is obliged to receive and the payment of the completed construction, food expenses, rental fees, damages, and personnel expenses, shall be paid in excess of 365,305,191 won (2,190,190,190,347 - 1,824,85,156 won).

Therefore, the defendant shall pay the above excess payment and damages for delay to the plaintiff.

B. If the Defendant who caused the counterclaim settles the construction cost according to the actual construction volume, such as additional construction, the construction cost that the Defendant has to receive from the Plaintiff is KRW 2,662,869,00, including value-added tax.

The Defendant received KRW 1,894,971,300 from the Plaintiff as the construction price.

Personnel expenses for external workers are only 8,395,000 won.

At the time of the conclusion of the instant subcontract, the Plaintiff and the Defendant agreed to bear the cost of food and officetel rent for the Defendant inputs.

The Plaintiff paid 104,098,120 won by the Defendant with the rent for an office building or an officetel on behalf of the Plaintiff (=the rent for an office building 86,898,120 won for an office building on behalf of the Plaintiff).