1. The Defendant (Counterclaim Plaintiff) paid KRW 17,005,785 to the Plaintiff (Counterclaim Defendant) and its amount from March 26, 2016 to September 13, 2017.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 10, 2014, the Plaintiff entered into a construction contract with the Defendant for the construction of the instant pentine (hereinafter “instant construction”) with the term “instant construction work” (hereinafter referred to as the “instant construction contract”) during which the construction period from October 22, 2014 to June 30, 2015, the construction cost of which is KRW 610,000,000 (hereinafter referred to as the “instant construction contract”).

B. On January 29, 2016, the Defendant completed the registration of initial ownership relating to the instant penure in the Defendant’s future, and paid the Plaintiff KRW 428,00,000 in total as the construction cost of the instant case.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 6 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed the instant construction project, and the Defendant paid 182,00,000,000 of the agreed construction cost (=the agreed construction cost of KRW 610,000,000 - the agreed construction cost of KRW 428,00,000).

In addition, since the Plaintiff’s additional construction work equivalent to KRW 149,913,90 due to design change, etc. while performing the instant construction work, the Defendant is obligated to pay to the Plaintiff the Plaintiff the total amount of KRW 331,913,990 (= KRW 182,00,000, KRW 149,913,990) that the Plaintiff seeks as a partial claim, among the total amount of KRW 189,913,00,000, and damages for delay.

B. Defendant 1) The Plaintiff did not complete the original agreed construction work, and the additional construction work claimed by the Plaintiff that it was implemented cannot be deemed to have been performed at will without the Defendant’s request, and there is no agreement to pay the additional construction cost. 2) The Defendant paid the Plaintiff’s total sum of KRW 183,818,538 on behalf of the Plaintiff directly to the subcontractor or material supplier, and this portion must be deducted from the unpaid construction cost.

3. The Plaintiff performed the instant construction works insufficiently and caused many defects, and the initial contract was made.