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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 54,109,351.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 3, 2016, the Plaintiff concluded a contract under which the Defendant entered into a contract with the Defendant for construction work of the new construction work of the former Residential Housing C (hereinafter “instant building”) with the cost of construction KRW 420 million (excluding value-added tax) and from June 3, 2016 to October 31, 2016 (hereinafter “instant construction contract”) by setting the construction period from June 3, 2016 to October 31, 2016.

B. Around November 19, 2016, the Plaintiff discontinued the instant construction without completing the construction of the instant building, and the Defendant and the Defendant decided to terminate the instant construction contract and terminate the instant construction work on January 13, 2017. Around March 9, 2017, the Plaintiff finally settled the construction cost of the portion that the Plaintiff performed on the part of the building (including value-added tax) with KRW 94,109,351 (including value-added tax).

C. On January 26, 2017, the Defendant paid KRW 40 million out of the construction cost that the Plaintiff settled as above, and the remainder KRW 54,109,351 of the construction cost was agreed to pay the Plaintiff’s repair of the defects incurred in the construction portion of the instant building by March 31, 2017.

As the Plaintiff completed the repair of defects on April 10, 2017 to the Defendant, the Plaintiff sent a certificate to pay the remainder of KRW 54,109,351 by April 21, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 4, 5, 6, 24 (including Serial number; hereinafter the same shall apply)'s entries and the purport of the whole pleadings

2. The following circumstances, which were acknowledged prior to the determination of the principal claim (the claim for the unpaid construction price) and acknowledged based on the evidence No. 3 and the purport of the entire pleadings, namely, ① the Plaintiff and the Defendant confirmed the part executed by the Plaintiff on March 9, 2017, and settled the construction price of the original part of the instant construction contract with approximately KRW 346,962,351 (the unpaid construction price shall be KRW 94,109,351) up to KRW 75% of the total construction price (including value added tax) under the instant construction contract, and ② the Plaintiff and the Defendant.