1. The Plaintiff (Counterclaim Defendant) paid KRW 24,393,600 to the Defendant (Counterclaim Plaintiff) and against this, from April 7, 2017 to June 15, 2017.

1. Basic facts

A. On April 29, 2014, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to sell the land of KRW 1.60 million to the Defendant for purchase price (hereinafter “instant sales contract”).

B. On August 3, 2014, the Plaintiff and the Defendant concluded a construction contract for the construction work that the Plaintiff constructs the second-story housing (hereinafter “instant housing”) on the ground of the said land at the time of harmony (hereinafter “instant construction contract”) (hereinafter “instant construction contract”).

[No. 1] The contractor stated in the construction contract (Evidence. 1) as “D” but the Plaintiff’s contract for the instant construction contract does not conflict between the parties. The construction period shall begin August 1, 2014; the completion of construction on November 30, 2014: The rate of liquidated damages for delay of KRW 169 million (the supply price of KRW 154 million and value-added tax of KRW 100 million): 1/100 of the daily construction price per day.

C. As to the instant housing, approval for use was granted on April 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 35 and 37 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. As to the Plaintiff’s claim on the principal claim, a partial design of the instant construction contract was changed after the conclusion of the construction contract, and there was an additional construction cost of KRW 29.7 million on the first floor and the second floor of the instant housing, which was the sum of KRW 22.7 million.

In addition, the Defendant did not pay value-added tax of KRW 15.4 million to the Plaintiff regarding the instant construction contract.

Therefore, the defendant should pay to the plaintiff the sum of KRW 45.1 million ( = KRW 29.7 million) and its delay damages.

B. The Defendant’s assertion on the Defendant’s counterclaim ① The amount that the Defendant is obliged to pay to the Plaintiff is KRW 160 million for the instant sales contract and KRW 32,940,000 for the instant construction contract and KRW 169,400,000 for the instant construction contract. The Defendant paid KRW 397,576,950 in total exceeding KRW 68,176,950.

The above excess amount is the money that the defendant lent to the plaintiff, and 32 million won among them.