1. As to the Plaintiff (Counterclaim Defendant)’s KRW 15,00,000 and its KRW 9,085,554 among them, the Defendant (Counterclaim Defendant) on December 22, 2011.

1. Facts of recognition;

A. On October 201, the Plaintiff entered into a construction contract with the Defendant to complete the construction work by December 21, 2011, with the construction cost of KRW 100,000,000 for the construction work that the Plaintiff newly constructs the instant house on the ground (hereinafter “instant house”).

B. On November 201, 201, the Plaintiff agreed with the Defendant to set up an additional construction cost of KRW 8,000,000,000, which was installed outside of the instant house, with a fence and a fireproof outside of the instant house.

(hereinafter referred to as the “instant construction” by aggregating the instant construction works, fences, etc.

On October 10, 2011, the Plaintiff commenced the instant construction and completed the instant housing construction on or around December 21, 2011, and transferred the instant housing to the Defendant, and suspended construction while performing additional construction, such as installing fences, outside the instant housing.

C. By November 30, 201, the Defendant paid KRW 93,000,000 among the instant construction cost to the Plaintiff.

On the other hand, the Defendant requested the architectural designer D to design the instant housing. At the time of the first request for design and the building report, the instant housing was designed with light steel structure, the building area was 9.56 square meters, and the housing structure among the instant construction works was changed to wooden structure, and the building area was 9.4 square meters.

E. The actual construction area of the instant housing was reduced by 5.14 square meters compared to the modified area, with 94.30 square meters.

[Reasons for Recognition] Facts without dispute, Gap 2, 4 evidence, Eul 7, 10, and 11 evidence, witness D's testimony, the purport of the whole pleadings

2. According to the above facts finding as to the claim of the principal lawsuit, the Defendant is obligated to pay the payment of KRW 15,000,000,000 (i.e., the construction cost of KRW 108,000,000 - the payment amount of KRW 93,00,000), and damages for delay, unless there are special circumstances to the Plaintiff.

However, if a contractor claims damages in lieu of a defect repair or together with a defect repair, they shall be specially claimed.