1. The Defendant (Counterclaim Plaintiff) paid KRW 16,919,200 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 9, 2014 to April 28, 2017.

1. Facts of recognition;

A. On October 24, 2014, the Plaintiff: (a) is a business entity engaged in tegrative construction business with the trade name of “B; (b) the Defendant is a business entity that manufactures food additives and engages in wholesale and retail business; and (c) on October 24, 2014, the Defendant agreed from the Defendant that the construction period of construction of orders, manufacturing, and installation of various appliances and fixtures outside the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior decorations for the opening of “C points” (hereinafter “instant construction”); (c) from October 28, 2014 to November 27, 2014; (d) the construction price of KRW 93,200,000; (e) the intermediate payment of KRW 27,90,000; and (e) the remainder amount of value-added tax of KRW 9,300,000.

(hereinafter “instant construction contract”). B.

On October 28, 2014, the Defendant paid the Plaintiff KRW 37,200,00 as an advance payment, and KRW 55,100,000 as an intermediate payment on November 18, 2014 and November 19, 2014.

C. However, around November 30, 2014, the Defendant notified the Plaintiff of the suspension of the instant construction work, and expressed the Plaintiff’s intent to terminate the instant construction contract on or around December 6 of the same year, and accordingly, the instant construction work was suspended.

On December 8, 2014, the Plaintiff notified the Defendant of the payment of the unpaid intermediate payment of KRW 10,000,000, the unpaid intermediate payment of KRW 23,715,000, the additional construction payment of KRW 9,955,00, and the additional construction payment of KRW 85%.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1, 8, and 11, and the purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the instant construction work had been carried out by November 30, 2014. As such, the Plaintiff was paid KRW 88,815,00 ( KRW 93,00,000 x 0.9555) as the construction cost according to the said rate. While performing the instant construction work, the Plaintiff added the same details as the attached Form at the Defendant’s request for design change and additional construction work. The additional construction cost is KRW 9,955,00,000, the Defendant paid the said construction cost and value-added tax to the Plaintiff.