1. The Plaintiff (Counterclaim Defendant) paid KRW 39,640,426 to the Defendant (Counterclaim Plaintiff) and its related amount from January 20, 2015 to July 5, 2016.

1. Name of the construction project that has caused the dispute in this case: The building area of the building area of the building in the Jeondo-nam-gun of 176,00,000 won for the first half of December 2012: 69,60,000 won for the completion of the foundation construction of the 69,60,000 won for the first half of December 2012: 17,400 won for the first half of the completion of the foundation construction of the 69,60,000 won: 17,40,000 won;

A. On November 21, 2012, the Defendant awarded a contract to the Plaintiff for the new construction of the instant housing C (hereinafter “instant housing”) located in the Jeonnam-do, Jeonnam-do (hereinafter “instant construction”).

(A) Evidence No. 1, hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows:

B. The Plaintiff performed the construction work in accordance with the instant contract, and suspended the construction work in a state where the construction work was carried out by 90% around March 2013.

(C) Fact that there is no dispute, 10% portion of the Plaintiff’s 10% portion, and the part of the Defendant’s claim for damages in lieu of defect repair on the ground of modified performance, erroneous construction, and there is no dispute between the parties).

The Defendant obtained approval for the use of the instant building from the head of Si/Gun on April 12, 2013.

(A) No. 2, d.

Meanwhile, the Defendant paid the Plaintiff KRW 158,600,000 in total among the construction cost under the instant contract.

(C) [Fact that there has been no dispute]. [Ground for recognition] The fact that there has been no dispute, each entry of Gap Nos. 1 and 2, witness D's partial testimony, the purport of the whole pleadings.

2. Determination on the main claim

A. The Plaintiff asserted that the construction cost is equivalent to KRW 10,883,300 in accordance with the agreement with the Defendant during the process of performing construction works under the instant contract.

The Defendant is obligated to pay the Plaintiff the total of KRW 17,400,000 (=176,00,000-158,600,000) and the additional construction cost of KRW 10,83,300, which has not yet been paid among the construction cost under the instant contract.

B. As to the claim for construction cost under the instant contract.