1. The Defendant (Counterclaim Plaintiff) paid KRW 50,419,00 to the Plaintiff (Counterclaim Defendant) for KRW 50,419,00 and its amount from September 24, 2015 to August 8, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 16, 2014, the Plaintiff entered into a contract (hereinafter “existing contract”) with the Defendant, setting the construction cost of KRW 130,000,000 on the basis of the design drawings drawn up by the E architect office with respect to the D Extension and Repair Works (hereinafter “the instant construction work”) located in the Jeonsan-gu, Jeonju-si, Seoul-si (hereinafter “the instant construction work”). From October 20, 2014 to December 20, 2014, the period of construction period of KRW 130,000,000, and the delay penalty of KRW 3/100 per day (hereinafter “existing contract”).

B. Since then, while the Plaintiff was performing construction works in accordance with the existing contract, the Defendant demanded the Plaintiff to expand the capital door to the balcony to be installed in the main entrance and exit, and the Plaintiff, as a result of the investigation into the E architect office, sought the answer that the construction works are impossible with the existing design drawings due to the following reasons: (a) in the event that the balcony is installed by expanding the capital door to the balcony as required by the Defendant; (b) in the event that the balcony is installed by expanding the capital door to the balcony, the design drawings need to be completely revised according to the method of the lawsuit.

C. Accordingly, the Plaintiff and the Defendant divided the instant construction into the first and second construction works and constructed the main entrance roof and the roof part of the entrance of the underground floor in accordance with the existing design drawings. The roof is "the first construction works for the said part" after obtaining approval for use by December 20, 2014 after changing the roof to the Han-style Pung-Type Port and obtaining approval for use by December 20, 2014.

The capital expansion works for the balcony part on the first floor of the main entrance and exit in the second floor shall be referred to as "the second construction works" upon application for a new extension permission.

(D) The Plaintiff agreed to proceed with the instant construction. After completing the first construction on February 25, 2015, on March 23, 2015, the Plaintiff filed a report on the extension of the Capital with the Dunsan-gu Office, and completed the second construction on September 23, 2015. E. Meanwhile, the Defendant paid the Plaintiff KRW 120,000,000 in total as the construction cost by January 25, 2016. 【The fact that there is no dispute over the grounds for recognition, Party A’s evidence 2, and Party A.