1. The Defendant (Counterclaim Plaintiff) paid KRW 34,551,434 to the Plaintiff (Counterclaim Defendant) and its amount from November 24, 2017 to February 20, 2020.

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On September 30, 2013, the Plaintiff entered into a contract with the Defendant on September 30, 2013 with the content that the Plaintiff would receive a contract (hereinafter “instant contract”) with respect to the construction of the underground floor and the second floor building located in Gyeonggi-si C (hereinafter “instant land”) (hereinafter “instant construction”) on September 30, 2013 for the commencement of the construction of the instant construction project, March 30, 2014; and the price of KRW 290 million for the completion of the completion of the construction project (excluding design cost) and [35% of the completed construction: steel, 35% of the completed construction of steel, concrete construction, and 30% of the completion of the construction of the remaining construction (hereinafter “instant construction”).

The contract of this case contains the following descriptions as the contents of the special agreement (hereinafter referred to as the “instant special agreement”).

1. This portion of the design cost “this0 million won” appears to be a clerical error in the “day0 million won.” 50% of the Won (Won 10,000,000) shall be paid at the time of advance payment, and the remainder of 50% shall be paid at the time of payment after the completion of the remaining work.”

B. Around July 9, 2013, the Defendant obtained permission from the head of Gyeyang-gu to construct a farming house with the second floor above the underground floor and the second floor above the instant land.

At the time of permission, with respect to the structure and use of the building on the design drawing, underground floor (PIT (natural, artificial hole) is used, the first floor is a pen (a space in the form of pole only) and the second floor was composed of housing, and it was designed to install rainwater storage tanks on the underground space for natural drainage facilities.

C. However, in this case’s construction on the housing of the farm household permitted as above, when the Plaintiff filed a civil petition against neighboring residents as a result of the construction of the duct and the window of the underground duct while constructing the structural frame and the window, and received corrective promotions from the Yang-si, the Plaintiff and the Defendant filed a civil petition against neighboring residents, and the Defendant received corrective promotions. As to the purpose of the ductal building permitted for operating a restaurant at a newly constructed building, the ground ductal floor is a house of the first floor above ground,