1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 2014, the Plaintiff was awarded a contract from the Defendant to the outside and interior stone works of the building among the new construction works of the first and sixth and sixth and upper floors in Seocho-gu Seoul (hereinafter “instant construction works”) for KRW 63,00,000 (excluding value-added tax) and continued the instant construction from October 2014 to April 2015.

B. The Plaintiff issued an electronic tax invoice of KRW 63,00,000 (including value-added tax, and KRW 69,300,000) for the construction cost of this case calculated as material cost of KRW 35,000 and labor cost of KRW 50,000 with respect to the unit price per square meter of the outer tin T-30 (hereinafter “the instant red tin construction”) among the instant construction works, to the Defendant, and accordingly, the Defendant completed a value-added tax return on the said amount.

C. Of the instant construction cost, the Plaintiff: (a) KRW 10,00,000 on September 15, 2014; (b) KRW 10,000,000 on September 15, 2014; and (c) KRW 25,00,000 on October 21 of the same year; and (c) KRW 10,000,000 on January 14, 2015; and (d) the same year.

5. The sum of KRW 60,200,000 was received on 14.5,200,000.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of the judgment as to the cause of the claim, Gap evidence No. 6, and the appraisal result and the purport of the appraiser D of the court of the first instance, the court held that the price calculated according to the actual construction volume is 57,689,865 won (including value-added tax, 63,458,851 won) with respect to the unit price per square meter of the red seat construction in this case, which is KRW 35,000, labor cost of KRW 50,000, and KRW 50,000, and KRW 57,689,865 (including value-added tax). Accordingly, the defendant is liable to pay the plaintiff the unpaid construction cost out of the construction price in this case (=63,458,851 won for the construction price in this case) and damages for delay.

The defendant has a substantial portion of the construction of this case's high interest.