1. The Plaintiff (Counterclaim Defendant) paid KRW 54,685,004 to the Defendant (Counterclaim Plaintiff) and its amount from June 8, 2014 to April 29, 2016.

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

On September 4, 2013, the Defendant: (a) concluded a construction contract between September 16, 2013 and December 16, 2013; (b) the construction period for the new construction of the instant building (hereinafter “instant building”); and (c) the advance payment of KRW 75,000,000, the remainder amount of KRW 105,582,000,000, shall be paid within 30 days from the completion date of construction (hereinafter “instant construction contract”); and (d) concluded the construction contract for the construction of the instant building under the instant construction contract, starting from September 16, 2013 to December 16, 2013, and obtained approval for the use of the instant building on May 8, 2014.

B. The Plaintiff paid KRW 170,000,000 to the Defendant of the instant construction cost.

2. Judgment on a counterclaim

A. According to the above facts, the Plaintiff is obligated to pay the Defendant the unpaid construction cost of KRW 85,582,00 (=255,582,000 - 170,000,000) and the delay damages.

B. The Defendant asserts that the additional construction cost portion (1) was to be paid to the Defendant, since the additional design and construction on the instant underground parking lot along with the instant construction project (hereinafter “instant additional construction project”), the Plaintiff is obligated to pay the instant additional construction cost and its delay damages to the Defendant.

The Plaintiff asserted that there was no agreement to instruct the instant additional construction works or pay additional construction costs to the Defendant.

(2) Comprehensively taking account of the purport of the entire pleadings in each statement of evidence Nos. 4 and 5 (including each number), the construction permit of June 26, 2013 concerning the instant building did not contain any matter pertaining to the first basement and underground parking lot, but the Plaintiff on October 16, 2013.