1. The Defendant (Counterclaim Plaintiff) paid KRW 29,634,137 to the Plaintiff (Counterclaim Defendant) and its related amount from November 2, 2015 to April 26, 2017.

1. Determination as to the main claim

A. In full view of Gap evidence Nos. 1 and 2 (including additional numbers), Eul evidence Nos. 2 and 3, and appraiser C’s identity and the purport of the entire arguments as a result of appraisal, the plaintiff paid KRW 110,80,000 to the defendant who conducts construction business on August 21, 2013 with the trade name “D” (hereinafter “instant construction”) for construction cost of KRW 120,00,000 (excluding value-added tax), and for construction cost of KRW 110,80,000 as the contract price as the contract price for the period from September 1, 2013 to December 30, 2013. The defendant discontinued the instant construction project on September 20, 2014 and completed the instant construction work continuously after the Plaintiff’s completion. The defendant may recognize the fact that part of the instant construction contract did not agree under the instant construction contract and the rooftop stairs and rooftops additionally.

B. Meanwhile, the defendant asserts that the part of the studs constructed with yellow bricks not subject to the instant construction contract, the part of the studs waterproofing construction, metal construction, etc. should be excluded from the part of the studs constructed with yellow bricks not subject to the instant construction contract. Thus, in full view of the following purport of the argument in the instant construction contract, considering the following results of the appraiser C's inquiry about the appraiser C, the contract of construction agreed to construct the interior partitions and the interior finishings of the building as a fireproof panel. The defendant suspended the instant construction without the studs of the studs, the construction cost was 5,39,492 won (including indirect construction cost), the part of the studs constructed with yellow bricks not subject to the instant construction contract, and the part of the studsing construction cost was 16,572,300 won (including indirect construction cost) and the appraisal result of the appraiser C, the appraisal result of the appraiser C's inquiry about the 340% construction cost (including indirect construction cost) and 484.45%)