1. The Defendant (Counterclaim Plaintiff) paid KRW 41,341,212 to the Plaintiff (Counterclaim Defendant) and its related amount from May 9, 2016 to September 6, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 28, 2013, the Plaintiff entered into a contract for construction works with the Defendant with respect to the construction works of the building works of the Gangnam-gu C Ground Living Facilities (hereinafter “instant construction works”) at port as follows:

(hereinafter “instant construction contract”). Standard contract for private construction works

1. Construction name: New construction works of C neighborhood living facilities;

2. The place of construction: South-gu Posi C at port.

3. Date of commencement: The date scheduled for completion on December 22, 2013: March 30, 2014: The contract amount: 157,500,000 won per day (157,500,000).

B. Upon completion of the instant construction project, the Defendant obtained approval from the head of the Southern-si Office on July 2, 2014.

C. The Plaintiff received each payment of KRW 30,000,000,000 as the construction price from the Defendant on December 28, 2013, and KRW 70,000,00 on August 14, 2014, and KRW 48,00,000 on September 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. The key issue of the instant case is: (a) on the premise that the construction price stipulated in the instant construction contract is KRW 172,50,000; (b) the Plaintiff sought payment of the unpaid construction price of KRW 24,50,000; (c) additional construction price of KRW 41,81,677; and (d) delay damages of KRW 157,50,000; (c) the Defendant claimed payment of the construction price stipulated in the instant construction contract; and (d) compensation for delay damages of KRW 44,415,00; and (e) compensation for delay damages in lieu of defect repair; and (e) compensation for delay damages of KRW 27,502,345; and (e) determination is based on each of the following issues.

B. The following circumstances are considered comprehensively based on the confirmation of the unpaid construction cost 1 construction cost, the above recognition fact, Gap evidence 1-1, witness D’s testimony and the purport of the entire pleadings, and ① the plaintiff and the defendant prepared a contract concerning the instant construction contract prior to confirmation of the design drawing concerning the instant construction work, and confirmed the design drawing.