1. The Defendant (Counterclaim Plaintiff) paid KRW 51,536,887 to the Plaintiff (Counterclaim Defendant) and its related amount from December 12, 2017 to February 27, 2018.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 2016, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) that the Plaintiff received from the Defendant by determining the amount of construction cost and personnel expenses after completion of the construction work as the construction period from November 3, 2016 to December 22, 2016 (hereinafter “instant construction contract”).

B. After completing the instant construction, the Plaintiff presented a written estimate to the Defendant that the sum of the material cost and personnel expenses incurred by the instant construction plus the operating profit is KRW 101,71,197.

C. The Defendant paid the Plaintiff KRW 32 million as the construction cost of this case.

At present, the defendant is running the CcarP business at the store of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 6-2, the purport of the whole pleadings

2. Determination on the main claim

A. In the case of a single construction contract on the cause of the claim, where the parties agreed to settle the price later without fixing the construction cost in advance, the contractor may seek payment of the reasonable construction cost from the contractor unless the parties agreed to settle the price later. As seen earlier, the Plaintiff and the Defendant agreed to settle the construction cost in the instant construction project and concluded the instant construction contract after the delay. In full view of the purport of the argument as a result of appraiser D’s appraisal of the construction cost, the fact that the costs incurred for the instant construction project and additional construction works executed by the Plaintiff were 89,421,000 won, and the Plaintiff is required for the fact that the Plaintiff received the construction cost of KRW 32 million from the Defendant and the repair of defects arising from the non-construction or erroneous construction related to the non-construction portion.