1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

1. Basic facts

A. On July 10, 2010, the Defendant agreed to the Plaintiff regarding the method of paying the construction cost on the construction cost of KRW 1,080,000,00 for the new construction of the fourth apartment house on the ground B of Gyeonggi-gu, Gyeonggi-do (hereinafter “instant apartment house”).

In addition to the construction of the instant tenement house at the completion of the structural frame of the second floor, the Plaintiff was awarded a contract with D, the husband of the Defendant, for the construction work of newly building the fourth floor apartment house on the land outside Gyeonggi-gun C and two parcels, with the construction cost of KRW 1,912,00,000.

The construction cost of KRW 150,000,000 shall be paid for the new construction of the instant tenement house.

· 30% of the construction cost shall be paid upon completion of the aggregate structure.

(within 15 days) Any balance shall be paid within 15 days after completion.

- The payment of the sale price shall be substituted by the execution cost.

B. The Defendant paid KRW 168,965,878 out of the construction cost to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff completed the instant charnel construction up to the second floor of the instant apartment house; (b) the construction was interrupted due to the Defendant’s failure to pay the construction cost; (c) around March 20, 201, the Plaintiff agreed with the Defendant to receive KRW 446,359,124 for the construction cost upon completion of the instant charnel house; and (d) completed the instant apartment house up to the fourth floor of the instant

Accordingly, the Plaintiff sought payment of the unpaid construction cost from the Defendant (=46,359,124 won - 168,965,878 won) and damages for delay.

B. First of all, with respect to whether the Plaintiff completed a charnel construction up to the fourth floor of the instant apartment house, there is no dispute between the parties, but with respect to whether the Plaintiff completed a charnel construction up to the second floor, the evidence submitted by the Plaintiff alone is insufficient to recognize the completion of the charnel construction up to the fourth floor, and it is otherwise recognized.