1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 10, 2014, the Defendant, with the trade name “C” (hereinafter referred to as “C”), ordered F to contract D’s new construction work for KRW 140,000,000 for a total construction cost of KRW 140,000,000 for a new construction work, and the Plaintiff was awarded a subcontract from F for a funeral construction work for KRW 95,00,000 among the new construction works.

나. 그런데 위 주택의 시공 면적이 피고의 요구로 약 15평 추가되어 기시공된 부분 중 일부를 철거하고 다시 시공하기로 하면서, 원고는 2014. 9. 2. 피고와 사이에 ‘확장공사, 엄마 확장공사(샷시 제외,피고가 준공 후 추가로 확장하기를 원한 부분을 의미한다), 기와 증축, 대문, 배수로 공사’를 37,000,000원에 추가로 시공하기로 하는 계약(이하 ‘이 사건 추가공사 계약’이라고 한다)을 체결하고, 피고가 F에게 기존 공사와 관련하여 지급하여야 할 돈 중 1,000만 원을 원고가 직접 지급받기로 약정하였다.

C. On the same day, the Defendant paid the Plaintiff KRW 10 million in total and KRW 17 million in total, and the same month.

6. The Plaintiff paid KRW 1 million to the Plaintiff.

On September 20, 2014, the Plaintiff discontinued the construction work and completed it at the construction site.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 6-1 through 5, 7-7, each entry of Eul evidence 1, part of witness F of the court of first instance, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The claim is based on the high interest rate of 90% as of September 2, 2014, and the Plaintiff’s construction cost corresponding to the non-construction portion as of September 20, 2014 at the time of suspending the said construction work is equivalent to KRW 19,060,00, and the Defendant promised to pay the Plaintiff the instant additional construction cost of KRW 26,940,000 ( = 47,000,000 ( = 37,000,000) for the instant additional construction contract amount of KRW 1,00,000,000 for the construction cost paid on September 6, 2014 - the construction cost of the non-construction portion of KRW 19,60,000 for the non-construction cost of KRW 19,60,000).