1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 27,779,413 and also the Plaintiff (Counterclaim Defendant).

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On February 2, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant to newly construct neighborhood living facilities and detached buildings (hereinafter “instant building”) on the ground of the Ulsan-gu land owned by the Defendant Dong C, Ulsan-gu, Seoul-gu, Seoul-gu, with the construction cost of KRW 180,000,000 (value-added tax separate) (hereinafter “instant construction contract”).

According to the construction contract of this case, the Defendant shall pay the Plaintiff the construction cost by the completion of the building of this case.

In addition, the construction contract of this case has the following contents.

Part of Construction Works: Housing-phishing, shrucking, singing, refluoring, refluoring, singing, gas, water supply, electricity, first floor kitchen, gas singinging, floor-sing, floor-sing, wall-part tering, exposure, post-exping, lighting-basic lighting separately: Taxes and public charges, urban infrastructure contributions, attached strawing, air-conditioning, first floor household electric power, coffee, coffee, signboard, private carving, employment insurance separately.

B. The instant building consists of the first floor coffee, the second floor office, and the third floor. On August 10, 2012, the Plaintiff delivered the first and the second floor of the instant building to the Defendant on the same day.

However, until January 8, 2013, the Plaintiff asserted that the Defendant did not pay the remainder of the construction cost for the third floor of the instant building until January 8, 2013, and exercised the lien.

C. The Defendant paid to the Plaintiff KRW 5,00,000 on February 14, 2012, KRW 20,000 on March 9, 2012, KRW 5,000,000 on March 10, 2012, KRW 20,000 on March 20, 2012, KRW 20,000 on March 20, 2012, KRW 5,000 on March 21, 2012, KRW 00,000 on April 20, 200, KRW 5,000 on April 5, 200, KRW 00 on April 5, 2012, KRW 200 on April 18, 200, KRW 300 on May 20, 205, KRW 2000 on May 25, 2012;

In addition, the Defendant paid to the Plaintiff KRW 5,00,000 on July 2, 2012, KRW 10,000 on July 5, 2012, KRW 6,000,000 on July 7, 2012, KRW 5,400,000 on July 9, 2012, and KRW 6,150,00 on July 26, 2012.

[Reasons for Recognition]