1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 10 million won against the defendant (Counterclaim plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts under the basis of facts are either in dispute between the parties or in full view of the contents of Gap evidence 1 to 5 and Eul evidence 1 to 3 (including branch numbers) and the whole purport of the arguments as a result of a request for appraisal to the appraiser C by this court.

On September 11, 2018, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant on September 11, 2018, setting the period from September 201, 2018 to December 31, 2018, by requesting the construction of a gas station on the land of 1802 square meters of woodland D 186.30 square meters in a building area to pay 380 million won (including additional taxes) and the period from September 20, 2018 to December 31, 2018.

B. Article 21 of the instant construction contract provides for the adjustment of the contract amount due to the modification of design as follows.

C. Under the instant construction contract, the Plaintiff paid KRW 69,200,000 to the Defendant as down payment. On September 11, 2018, the first design modification drawings containing the location of oil reservoir tank omitted in the initial design drawings, the second design modification drawings partially changing the location of the main office and oil reservoir tank on September 18, 2018, and on October 25, 2018, the last final design modification drawings were issued to the Defendant.

The Defendant completed the reinforced soil construction project, which was agreed with a size of 377 square meters in accordance with the instant construction contract and the modified design drawings, with a size of 54 square meters increased by 431 square meters. Thereafter, the Defendant requested the adjustment of the contract amount according to the modified design drawings, but notified the Plaintiff to the effect that the Plaintiff could not perform any construction project any longer without the contract amount adjustment around November 23, 2018, which did not seem to have any particular reaction.

E. On December 6, 2018, the Plaintiff is not a change in the construction cost required by the Defendant, and thus, the remainder of the construction works.