1. The Defendant (Counterclaim Plaintiff) paid KRW 58,251,102 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from July 17, 2014 to July 7, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2012, the Plaintiff and the Defendant concluded a general contract for construction (hereinafter “the construction contract for the first floor and the second floor”) with respect to construction work of 142.2 square meters of the first floor and 140.86 square meters of the building (the first floor, the third floor, the building of this case; hereinafter “instant building”) among the Busan Dong-gu, Busan, D’s reinforced concrete, and general steel framed, which were owned by the Defendant, and the construction work of 127,50,000 square meters of the construction cost (the construction area of 85 square meters, the construction cost of 1,50,000 square meters per unit value), the subcontractor, the Defendant, and the Plaintiff.

B. On August 24, 2012, the Plaintiff and the Defendant concluded a contract for additional construction (hereinafter “the third floor construction contract of the instant building”) with respect to construction work of 140.86 square meters on the third floor among the instant building, with the construction cost of KRW 63,00,000 (the construction cost of KRW 42 square meters, the unit cost of construction) and the construction period of KRW 1,50,000 per square meter), up to September 30, 2012; the Defendant and the Plaintiff as the contractor and the Plaintiff.

C. The Plaintiff obtained approval for the use of the instant building on November 16, 2012 after performing extended construction works pursuant to the instant construction contract.

In addition to the instant building construction contract, the Plaintiff made an additional construction work equivalent to KRW 10,151,102 as shown in the attached Form.

E. The Plaintiff received KRW 142,400,000 in total from July 25, 2012 to November 13, 2012 as the construction price of the instant building from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 7, and 8 (including paper numbers; hereinafter the same shall apply), the appraisal result of appraiser E's construction cost, the purport of the whole pleadings

2. According to the above facts of determination as to the claim on the main claim, the defendant shall pay to the plaintiff KRW 58,251,102 for the remainder of the construction cost based on the construction contract of the building of this case and the construction cost arising from additional construction (i.e., the construction cost of KRW 127,50,000 for the construction cost of the building of this case 127,50,000 for the third floor construction contract of the building of this case and the second floor construction, KRW 10,151,102 for the additional construction cost of KRW 142,40,000 for the construction cost received by the plaintiff from the defendant).