The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 265,00,000 to the Plaintiff (Counterclaim Defendant) as well as the amount from February 14, 2015 to March 29, 2016.

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. On March 28, 2014, the Plaintiff concluded a construction contract with the Defendant, Jeju-si B, and C with the content of a contract for a construction project that newly constructs a Hosel (hereinafter “instant construction project”) on the terms of the construction period from March 28, 2014 to July 31, 2014; the construction cost of KRW 1,398,80,000; and the liquidated damages rate of KRW 0.1% (hereinafter “instant construction contract”).

B. On February 11, 2015, the Plaintiff completed the instant construction.

C. The Defendant paid the Plaintiff KRW 1,225,00,000 as construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant construction contract was finally modified by several changes in the construction period, and its content was changed to KRW 1,490,000,000 until February 13, 2015.

However, since the defendant did not pay KRW 265,000,000 among the construction cost to be paid to the plaintiff, it is obligated to pay it.

B. The Defendant’s seal affixed to the contract submitted by the Plaintiff by asserting that the instant construction contract was modified is not the Defendant.

Therefore, the instant construction contract was not modified. Since the Plaintiff completed the instant construction project on February 11, 2015, after the construction period had expired, the Plaintiff was obligated to pay the Defendant penalty of KRW 272,76,00 (i.e., construction price of KRW 1,398,80,800,000 x 195 days x 0.1%) under the instant construction contract. However, the Defendant is obliged to pay the Defendant penalty of KRW 173,80,000 (i.e., the construction price of KRW 1,398,80,800 - 1,225,000 - 1,225,00,000) and the amount of value-added tax refunded and the delayed payment of KRW 8,363,637 x 195 x 00).

3. Determination

A. According to the evidence Nos. 2-4, 1, and 3 as to whether the instant construction contract has been modified, the Plaintiff’s final assertion as the changed construction contract A.