1.The judgment of the first instance shall be modified as follows:

Of the principal suit of this case, the claim for the confirmation of the existence of the obligation.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 15, 2015, the Plaintiff, while awarding a contract to the Defendant for the construction of a new apartment house C (hereinafter “instant building”) on the ground of militaryposi-si (hereinafter “instant construction”) to the Defendant, set the following terms:

(hereinafter referred to as "the date of commencement of the instant contract": The expected date of completion on March 15, 2015: the contract amount: 642,400,000 won (including value-added tax) for the warranty on March 21, 2016: 10. The warranty liability rate: 3% of the contract amount by each type of work, each type of work, each type of work, the warranty rate for defect repairs, and 11% of the warranty liability Act: 1/1,000 of the remaining amount per day (general conditions of the standard contract for private construction works) (1) for the warranty liability under Article 11 (Extension of the General Conditions of the Contract for Private Construction Works) (1) for the remainder of the contract amount, such as natural disasters or force majeure, situation of the Plaintiff, balance in the supply and demand of raw materials, etc., where the execution of the construction is delayed due to reasons not attributable to the Defendant (Defendant) for extension of the construction period in writing.

(4) Where A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the extended period.

Article 13 (Adjustment of Contract Amount Due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when the installation of additional facilities is required due to a modification of the project plan, etc., A shall modify the design.

(2) Where there occurs an increase or decrease in the volume of construction due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall

Article 19 (1) (1) When the construction work has not been completed within the deadline for completion, the defendant shall pay to the plaintiff A the amount calculated by multiplying the contract price by the rate for the delayed damages in the contract for each number of days immediately.