The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,530,369 as well as the full payment from June 23, 2020.

1. Basic facts

A. On October 31, 2017, the Plaintiff concluded a contract with the Defendant for the construction of a new building on the first floor located in Gyeonggi-gu D and E (hereinafter “instant construction”) at KRW 245,00,000 for the construction cost, and the construction period from October 31, 2017 to April 30, 2018 for the period from October 31, 2017, and 0.1% per day (1/1000) for the delayed payment rate, and thereafter received KRW 245,00,000 for the said construction cost from the Defendant.

B. The Defendant occupied the building above around May 20, 2018, and the instant construction was completed on July 9, 2018.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 2 evidence, the purport of the whole pleadings

2. As to the plaintiff's main claim

A. The Plaintiff asserted that the instant construction project was carried out and requested by the Defendant for a request for construction differently from the architectural design drawings under the said contract. Accordingly, in the process of performing construction works differently from the said design drawings, the Plaintiff incurred additional construction cost of KRW 35,298,727 in addition to the existing construction cost under the said contract.

Since the Plaintiff received reimbursement of KRW 15,00,000 among the above additional construction costs from the Defendant, and there was damages claim equivalent to KRW 9,768,358 against the Plaintiff due to the defect of the instant construction and partial non-construction, the Defendant is obligated to pay to the Plaintiff the amount of the said repayment and the amount of the said damages after deducting or offsetting the amount of the said repayment and the amount of the said damages from the additional construction costs (i.e., KRW 10,530,369 (= KRW 35,298,727 – KRW 15,00,000 - KRW 9,768,358) and damages for delay.

B. According to the reasoning of the judgment No. 1 through No. 5, No. 2, No. 7, and No. 8, and appraiser F’s appraisal results and all pleadings as of December 4, 2019, the Plaintiff, while carrying out the instant construction project upon the Defendant’s request or mutual agreement, may recognize the fact that the Plaintiff paid additional construction costs of KRW 35,298,725, in addition to the existing construction costs under the said contract, as shown below, as shown in the table below, and Eul-27.