1. The Defendant (Counterclaim Plaintiff) paid KRW 13,246,530 to the Plaintiff (Counterclaim Defendant) and its related amount from June 20, 2018 to January 23, 2020.

1. Facts of recognition;

A. The Defendant has a construction waste disposal workplace (hereinafter “instant workplace”) in Busan-gun, Busan-gun, a company established for the purpose of civil engineering and construction materials sales business, etc.

B. On May 2015, the Defendant contracted the Plaintiff with the construction work that installs fences around the instant plant (hereinafter “instant construction”).

C. Around May 4, 2015, the Plaintiff presented a written estimate that the construction amount would be KRW 202,400,000 to the Defendant. On the bottom of the written estimate, the phrase “value-added tax separate” was printed in the same text.

The Plaintiff and the Defendant agreed on the instant construction cost of KRW 190,000,000.

From June 2015, the Plaintiff began to install fences around the instant workplace. There was a dispute over whether the Plaintiff and the Defendant are obligated to pay advance payment to the Plaintiff, whether the Plaintiff is running construction work within the scheduled period, and whether the Plaintiff suspended construction work in a state of construction work conducted at the length of 137 meters around October 2015.

E. On December 3, 2015, the Defendant entered into a contract for construction with D Co., Ltd. (hereinafter “D”) on the construction amount of KRW 255,200,000 (including value-added tax) and entered into a contract for construction on the installation of pents for the portion not constructed by the Plaintiff.

F. The Defendant and D determined that safety issues exist in the pents constructed by the Plaintiff, and D used to reconstruct the EGI panel constructed by the Plaintiff outside the H-sn beam, to use the CGI panel for reinforcement of the CGI and to display the H-sn beam, which had been rhythly removed by the EGI panel.

[Reasons for Recognition] Unsatisfy Facts, entry of evidence Nos. 1, 3, 5, 7, and 8, result of the verification by this court, result of appraiser E’s appraisal, the purport of the whole pleadings

2. Results of appraisal by an appraiser;

(a) for items in a written estimate based on which the amount is to be calculated, the item shall be subject to a written estimate based on the unit price specified in the written estimate;