1. Of the judgment of the court of first instance, the part against the counterclaim defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On May 25, 2012, the counterclaim Defendant entered into a construction contract (hereinafter “instant contract”) with the Lessee with the content that the instant construction work for the multi-family house located in C (hereinafter “instant construction”) was determined as the construction cost of KRW 640,00,000 (including value-added tax) and that the contract is made to the Lessee with the Lessee, and the main content thereof is as follows.

1. Official name: New construction works for multi-family house C;

2. The construction site: C at Chungcheongnam-si, Chungcheongnam-si;

3. Date of commencement: June 2012 (within seven days after building permission).

4. Expected date for completion: 150 days after commencement.

5. Contract amount: 640 million won (including value-added tax) (including the value-added tax: 630 million won, the value-added tax amount of which is 632 million won, the value-added tax amount of which is 8 million won); and

6. Advance: 130 million won.

7. Date of completion on July 30, 2012: KRW 50 million: KRW 20 million on August 30, 2012: 20 million on September 30, 2012: 20 days after completion of KRW 50 million: Within 90 days after completion of the KRW 200 million: KRW 190 million.

8. The rate of liquidated damages: 0.1%.

B. After that, on February 25, 2013, the approval for use was made on the multi-family house on the fourth floor (hereinafter “instant building”) on which the Lessee completed the instant construction and newly built.

C. Meanwhile, the counterclaim Defendant paid 450,000,000 won in total to the Counterclaim Plaintiff as the construction cost of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the fact of the recognition of the remaining obligation to pay the construction cost, the counterclaim Defendant is obligated to pay the 190,000,000 (=640,000,000 - 450,000,000) to the Counterclaim Plaintiff.

3. The parties' assertion

A. The counterclaim defendant's counterclaim is obligated to pay to the counterclaim (i) the remainder construction cost of KRW 190,00,000 and ② the additional construction cost of KRW 90,362,416, ③ the damages of KRW 56,032,04 in lieu of defect repairs and ④ the damages of KRW 19,20,000 in lieu of defect repairs, ④ the damages of KRW 205,130,000 calculated by deducting the damages of KRW 19,20,00 in lieu of defect repairs (i.e., ① - ② - 4,00,000

B. The amount payable by the counterclaim Defendant to the counterclaim Plaintiff is ①.