1. The counterclaim Defendant shall pay to the counterclaim each amount of KRW 91,900,000 and each of the said amounts from November 7, 2018.

1. Basic facts

A. On November 2, 2015, the Counterclaim Plaintiff entered into a contract with the Counterclaim Defendant on the construction cost of KRW 568,040,00 (including the amount equivalent to value-added tax) and the construction cost of KRW 568,040,00, and the construction period of November 3, 2015 (hereinafter “instant contract”).

Accordingly, the counterclaim Defendant entered the instant construction work, and the counterclaim paid KRW 511,236,00 to the counterclaim Defendant for construction cost, and the instant construction work was completed in the middle of all.

B. The counterclaim Defendant and the counterclaim Defendant agreed to pay KRW 39,160,000 for the additional construction cost (hereinafter “instant additional construction cost”) to the counterclaim Defendant (hereinafter “instant additional construction agreement”). The counterclaim Defendant paid KRW 39,160,000 for the additional construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. 1) Determination on the cause of a claim is that where one of the parties has cancelled a contract on the ground of the other party's default on the construction contract, where the construction has been considerably advanced and its restoration to its original state has resulted in significant social and economic losses, and the completed part is a benefit to the contractor, the contract is invalidated only for the portion that has not been completed and the contractor is liable to deliver the building to the contractor and the contractor is liable to pay the remuneration for the building that has been delivered (see Supreme Court Decision 93Da25080, Nov. 23, 1993). The contract of this case and the additional construction agreement of this case were entered into, and accordingly, the counter-party has paid the counter-party the construction cost of this case of KRW 511,236,00, and the additional construction cost of this case of this case of KRW 39,160,000 to the counter-party defendant.