1. As to KRW 94,532,620 among the Plaintiff (Counterclaim Plaintiff) and KRW 80,831,500 among them, the Plaintiff (Counterclaim Defendant) on February 27, 2018.

The Plaintiff’s assertion on the claim for main claim was completed by the Defendant with a contract for construction cost of KRW 605,00,000 (including value-added tax) for the construction work of the building on the ground of E-si C (hereinafter “instant building”).

The Defendant paid only KRW 507,500,000 among the construction cost to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the payment amount of KRW 97,500,000 (=605,000,000 - KRW 507,500,000) and delay damages.

Judgment

The Plaintiff entered into a contract for the construction of the instant building (hereinafter referred to as the “instant construction contract”) with the Defendant on September 2016 (hereinafter referred to as the “instant construction”) under the terms of KRW 605,00,000 (including value-added tax) with regard to the construction of the instant building (hereinafter referred to as the “instant construction”). There is no dispute between the parties, but the evidence alone submitted by the Plaintiff is insufficient to acknowledge that the instant construction has been completed, and there is no other evidence to acknowledge otherwise.

(E) As seen earlier, the Plaintiff’s height of the instant building constructed by June 2, 2017 is merely 84.17%). The Plaintiff’s above assertion is without merit.

The defendant's assertion that the decision on the claim for reimbursement of the payment of the price in excess of the determination on the counterclaim is based on the nature of the building in this case and the construction cost is KRW 509,227,263.

The Defendant paid KRW 514,200,000 to the Plaintiff as the construction cost under the instant contract.

Therefore, the Plaintiff is obligated to pay the Defendant 4,972,737 won (=514,200,000 won - 509,227,263 won) and damages for delay.

Judgment

The following facts are not disputed between the parties, or may be acknowledged by the evidence Nos. 1, 3, and 4-2 of the evidence Nos. 4-2, the results of the appraisal by appraiser D (hereinafter “Appraiser”) and the purport of the whole pleadings.

On September 2016, the Plaintiff entered into the instant contract with the Defendant for construction cost of KRW 605,00,000 (including value-added tax).

The defendant.