1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 17,00,000,000 against the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 10, 2014, the Defendant entered into a construction contract with C (hereinafter “C”) to newly construct D’s detached houses at the time of leisureing the construction cost of KRW 140 million (hereinafter “instant construction”).

B. The Plaintiff received a subcontract from C to perform the said construction work with an amount of KRW 95 million out of the said new construction work.

다. 원고는 2014. 9. 2. 피고와 사이에 이 사건 공사에 관한 추가공사(“확장공사, 엄마 확장공사(샷시 제외), 기와 증축, 대문, 배수로”)를 피고로부터 직접 수급받아 시공하기로 하는 계약(이하 ‘이 사건 추가공사 계약’이라고 한다)을 체결하였다.

The document (Evidence A 1-1) written under the above contract provides that "37,00,000 won, E means 10,000,000 won in the payment amount," and "E means 10,000,000 won in the payment amount," each on the left side of the land, "after extension is finished."

The defendant paid to the plaintiff on the same day a total of KRW 17 million and KRW 7 million, and the same month.

6. The Plaintiff paid KRW 1 million to the Plaintiff.

E. On September 20, 2014, the Plaintiff suspended the construction and completed the construction at the construction site.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 7, Eul evidence 1-1, witness F's testimony, the purport of whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion was discontinued while performing the instant supplementary construction, and the construction cost corresponding to the non-execution is equivalent to KRW 19,060,000. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 26,940,000 for the instant additional construction cost (i.e., KRW 47,000 for the instant additional construction contract amount (= KRW 37,000,000) - the construction cost of KRW 1,00,000 for the instant additional construction cost paid on September 6, 2014 - the construction cost of KRW 19,060,000 for the non-construction cost of KRW 19,00 for the non-construction cost of KRW 6, 201.

B. Determination Doctrine, without dispute, Gap evidence 8, Eul Nos. 1, 9 through 1.