1. Of the judgment of the court of first instance, the defendant (Counterclaim) who exceeds the following amount ordered to pay the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 2, 2015, the Defendant requested the Plaintiff to perform the interior construction on the said store in order to hold clothes 151 and 152 at the Nam-gu Incheon Metropolitan City Hospital C around November 2, 2015, and the Plaintiff accepted this.

B. Since then, the defendant secured the above 153 153 Do, and additionally accepted the 153 Doz. from the plaintiff.

(hereinafter the above shopping mall Nos. 151, 152, and 153 referred to as the “instant shopping mall,” and the interior of the instant shopping mall is referred to as the “instant construction”).

The Plaintiff and the Defendant concluded a verbal contract for the instant construction project, and subsequently agreed to settle the cost of the instant construction project at cost.

On November 5, 2015, the Plaintiff started the instant construction and completed the construction on and around November 2015.

E. The Defendant paid the Plaintiff KRW 20,000,000 in total with the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap's 2 through 14, 16 evidence, Eul's 2 and 7 evidence (including branch numbers)

2. Determination on the main claim

A. The Plaintiff’s assertion is paid as construction cost the amount calculated by adding 10% supervision expenses to the actual cost of the instant construction project by the Defendant. The actual cost required for the instant construction project is KRW 31,620,00 in total, and KRW 34,782,00 in addition to the supervision cost of KRW 10% in total, KRW 34,782,00 in total. Thus, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 14,782,00 in total (= KRW 34,782,00 in total – KRW 20,00 in total) and delay damages therefrom.

B. In light of the above facts, as seen earlier, the Plaintiff and the Defendant agreed to pay the instant construction cost to the Plaintiff at actual cost (no evidence is found to prove that the Defendant agreed to pay the Plaintiff by adding 10% to the supervision cost), and the purport of the entire pleadings as a result of the appraisal and supplementation by the trial appraiser D, including the Plaintiff’s labor cost.