1. The Defendant (Counterclaim Plaintiff) paid KRW 38,024,173 to the Plaintiff (Counterclaim Defendant) and the amount from September 24, 2014 to February 2, 2018.

The principal lawsuit and counterclaim shall be judged together.

1. Determination as to the main claim

A. The Plaintiff and the Defendant: (a) on January 22, 2014, the construction (house) construction (hereinafter “instant construction”) works located in Jeju-do C (hereinafter “instant construction works”).

As to the construction cost of KRW 210,00,000 (payment of KRW 30,00,000 in advance, and KRW 180,000,00 in advance) and the construction contract was concluded on June 10, 2014, which was completed on March 1, 2014. The Plaintiff completed the instant construction work around August 2014. (2) The Plaintiff, at the Defendant’s request, incurred additional construction cost of KRW 44,532,743 in aggregate as follows.

(1) Additional construction costs incurred in addition to the building area: 32,683,820 won (2) 3,281,659 won: 6,109,336 won for underground room construction expenses: 6,109,336 won for external retaining wall construction expenses: 2,457,928 won (based on recognition) 1 through 15, results of appraisal of additional construction expenses of appraiser D, the purport of the whole pleadings, as a result of appraisal of additional construction expenses of appraiser D.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff additional construction cost of KRW 44,532,743 and delay damages therefor. 2) The Plaintiff sought payment of KRW 13,500,000 from the additional construction cost. However, the evidence submitted by the Plaintiff alone does not support the Plaintiff’s assertion. Thus, the Plaintiff’s claim for this part is rejected.

3 The Plaintiff asserts that construction cost of KRW 210,00,000 agreed upon in the contract for the instant construction project was not paid to KRW 6.5 million and sought payment of construction cost of KRW 6.5 million.

On December 29, 2017, the Plaintiff received both construction cost of KRW 210,000,000 before submitting an application for modification of the purport and cause of the claim.

The statement of Gap evidence No. 11 alone is insufficient to recognize that the confession of the plaintiff is against the truth and is caused by mistake, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for this part cannot be accepted.

2. As to the defendant's defense and counterclaim.