1. The Plaintiff (Counterclaim Defendant) paid KRW 45,486,00 to the Defendant (Counterclaim Plaintiff) and its related amount from April 30, 2014 to January 22, 2015.

1. On or around June 2012, the Plaintiff was awarded a contract with the Defendant for the instant construction project (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Urban Housing Construction Project) by setting the contract amount of KRW 680,000,000, the construction period from June 11, 2012 to October 31, 2012, and the amount calculated by applying the rate of 0.3% per day per delay delay penalty.

(B) On July 2, 2012, the Defendant paid KRW 601,400,000 to the Plaintiff the sum of the construction cost, including the payment of KRW 100,000,000 to the Plaintiff.

On January 23, 2013, the Plaintiff suspended the instant construction work, and on January 24, 2013, notified the Defendant of his/her intent to terminate the instant contract on the grounds that the Defendant failed to perform his/her duty of cooperation, such as not changing the instant contract by reflecting the additional construction cost, etc.

After that, on April 3, 2013, the defendant ordered C (mutual name: D) to complete the remaining construction work by awarding a contract to C.

[Ground of recognition] The facts without dispute, Gap 1-16, Eul 1-4, witness E, F, and the purport of the whole argument

2. We examine both the principal lawsuit and the judgment and the counterclaim.

A. The plaintiff asserts that the defendant is obligated to pay 160,450,631 won, which is calculated by deducting 5,850,000 won by subrogation from 166,30,631 won of the additional construction cost incurred by the addition or modification of the construction content to the plaintiff, and delay damages therefrom.

In this regard, the defendant asserts that the plaintiff is liable to pay the defendant the total of KRW 237,713,000 and delay damages incurred by delay of the construction work for the 158 days, including KRW 232,320,320,000, which are part of the total of KRW 230,905,000, which are the 6,808,000.

B. Determination 1) The Plaintiff, unlike the design drawings, incurred additional construction cost claims as to the Plaintiff’s additional construction cost claims, performed additional construction works as indicated below, unlike the design drawings.

(Expert G’s Appraisal Results). The Defendant’s additional construction cost is 40,000.