1. According to the counterclaim that was filed at the trial of the first instance, the Plaintiff (Counterclaim Defendant) was paid to the Defendant (Counterclaim Plaintiff) KRW 17,231,34 and KRW 17,234.

1. Facts of recognition;

A. On December 7, 2015, the Plaintiff entered into a contract with the Defendant for the construction of a new building (hereinafter “instant construction”) with the content as set forth below (hereinafter “instant construction”) to the Goyang-gu, Seoyang-gu, Yangyang-gu, the Defendant owned (hereinafter “instant construction”).

Article 1 Outline of Construction

1. Construction name: New construction works of commercial buildings;

2. Construction site: Gyeyang-gu, Yangyang-gu C

3. Scale of construction: The construction cost for the matters under Article 1 of the construction cost for the matters of Article 2 of 1 of 98.42 square meters per one story, 162.30 square meters per two stories above ground, and 134.80 square meters above ground, shall be KRW 470 million;

(Supplementary Rule). Article 4 Construction Period Plaintiff shall start on December 7, 2015 and complete the said construction until April 15, 2016.

Article X. Composition of Contracts and Matters to be modified

2. Where the scale of the project under the contract changes due to the change of the defendant's design, etc., the work price shall be changed by the plaintiff's second estimate, and the defendant shall pay in preference to the plaintiff separate from the contract price.

B. On December 7, 2015, the Plaintiff commenced the new construction of the instant building and completed the horse construction around March 2016, and obtained approval for use on May 25, 2016.

C. The Defendant did not pay the remainder of the construction cost of this case to the Plaintiff.

After obtaining approval for use, the Plaintiff changed the first floor and the second floor of the instant building constructed as commercial facilities from June 2016 to multi-family houses, and changed the first floor and the second floor into two households, the second floor (one household: one room, one bathing room, one living room, one room for the first floor: two rooms, one bathing room, one room for the second floor, and three households for the second floor: two rooms, two bathing rooms, one kitchen, and one room for the second floor: one room, respectively.

E. After completion of the above alteration project, D, the designer of the building of this case, is the same year.

9.1. An application for permission to make a large-scale repair and change the use thereof was obtained on January 23, 2017;

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 3, the results of the appraisal conducted by the appraiser E of the first instance court on December 1, 2017, the testimony made by the witness D of the first instance court, and the purport of the whole pleadings.