1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order exceeds the amount ordered in paragraph 2 below.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 13, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction work (hereinafter “instant construction contract”) with the content of receiving the instant construction work from the main warehouse located in Gwangju City (hereinafter “instant warehouse”) (hereinafter “instant construction work”).

(1) Construction period: 245,680,00 won (contract amount: KRW 70,000 (contract amount: KRW 70,000,000: intermediate payment: KRW 1220,000,000: 55,680,000 (within 15 days after completion of construction)) from May 14, 2013: 0.1% of the contract amount:

B. Meanwhile, during the instant construction work, the Plaintiff agreed to perform additional construction works, such as a foundation on the right side of the underground surface at the Defendant’s request and to be paid the price.

C. On October 31, 2013, the Plaintiff completed the instant construction and additional construction, and delivered the instant warehouse to the Defendant. The Defendant did not pay the remainder of KRW 5,680,00 for the instant construction contract and KRW 6,691,275 for the additional construction cost (i.e., KRW 1,193,70 for the access road to a factory of KRW 1,983,70 for the right-hand side of the underground front line, the materials and personnel expenses for the left-hand side of KRW 2,063,875 for the instant construction and additional construction, and KRW 150,000 for the actual container personnel expenses of KRW 50,00 for the total of KRW 62,371,275 for the instant construction and additional construction cost (=5,680,000 for the work cost of KRW 65,600,691,275).

[Ground of recognition] Unsatisfy, entry of Gap 1 through 3 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the principal claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 62,371,275 and the delay damages therefrom, unless there are special circumstances.

The defendant led to the confession of the above additional construction work and the price for additional construction work in the response of March 30, 2016 and the counterclaim of March 31, 2016. The defendant recognized the additional construction work of six items among the seven items as alleged by the plaintiff.