1. The Defendant (Counterclaim Plaintiff) paid KRW 44,943,200 to the Plaintiff (Counterclaim Defendant) and its related amount from December 6, 2014 to January 25, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 30, 2012, the Defendant concluded a contract with the Plaintiff by setting the construction cost of KRW 669,90,000, and the construction period from June 1, 2012 to October 31, 2012, for the construction work that newly constructs a building listed in attached Table 2 (hereinafter “instant building”) on the land listed in attached Table 1 (hereinafter “instant building”).

B. On February 1, 2013, the Plaintiff completed the construction of the instant building on the attached list No. 2, and obtained approval for use, and delivered the instant building to the Defendant.

C. The Defendant paid the Plaintiff KRW 622,425,00 on nine occasions as the instant construction cost.

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

2. The parties' assertion

A. While the Plaintiff was performing the instant construction project, the Plaintiff performed an additional construction project equivalent to KRW 45,578,000 at the Defendant’s order (hereinafter “instant additional construction”).

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 93,053,00 (i.e., the instant additional construction cost of KRW 47,475,00,000, which is payable for the previous construction cost) and damages for delay.

B. Defendant 1) recognize the fact that the unpaid construction cost of the existing construction cost is 47,475,000 won. However, since the Plaintiff unilaterally constructed the existing construction work without consultation with the Defendant, the Plaintiff cannot claim for the above additional construction cost to the Defendant. (2) The Defendant suffered damages equivalent to KRW 300,157,000 due to the Plaintiff’s defect in the part constructed (i.e., repair of ground subsidence of KRW 39,000,290,000 for the restoration and repair of ground subsidence of KRW 158,290,000 for the building due to defective construction of KRW 15,867,00 for the repair of ground subsidence of KRW 15,867,00 for the building due to the termination of lease of KRW 20,000 for the prevention of ground subsidence, and delay in the construction of this case due to delay due to the completion of the construction of the construction of this case.