1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 62,781,210,00 to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 13, 2012, the Plaintiff entered into a subcontract agreement with the Defendant to accept the contract amount of KRW 453,680,00 (including value-added tax) and the construction period from September 13, 2012 to August 30, 2013 (hereinafter “instant subcontract agreement”) with respect to the construction works of new B apartment construction works in A (hereinafter “instant construction works”).

B. According to Article 6 of the General Matters, which are part of the instant subcontract, the quantity may be changed later to the change of the design, etc. of the ordering entity, and the quantity and amount of construction based on the settlement design quantity of the ordering entity shall be settled based on the original contract standards, and the calculation standards shall correspond to the design standards of the ordering entity.

C. After December 26, 2012, the subcontract amount in this case increased to KRW 523,680,00 due to the increase in the amount of earth construction works, and the contract amount by type of construction is KRW 488,439,985, direct construction cost ( KRW 330,428,00, KRW 222,20,000, KRW 223,100, KRW 1388,850, KRW 42,39,640, KRW 21,51,51,280, and KRW 39,123,680, and KRW 35,240,015, and KRW 35,240,015, respectively.

Since then, the details of the instant subcontract were excluded from packing and ancillary civil engineering works.

The Plaintiff completed the instant construction work on October 16, 2013, and the Defendant paid the Plaintiff KRW 434,216,080 in total as the construction cost of the instant case until October 25, 2013.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1 of the parties concerned is the principal suit, and the amount of the construction works excluded from the construction specifications in the amount of KRW 523,680,00 of the subcontract price of this case, and the remainder of the construction works excluding the amount of packing construction works, the amount of incidental civil construction works, and materials and losses incidental thereto is KRW 44,806,525, and the defendant paid the amount.