1. The Defendant (Counterclaim Plaintiff) paid KRW 70,960,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 1, 2016 to August 31, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 14, 2016, the Plaintiff entered into a subcontract for construction works with the Defendant for the construction period of the non-head of the building, the date of the construction, and the exposed concrete construction works (hereinafter “instant construction works”) among the new construction works of the building E located in Yongsan-si District D (hereinafter “instant construction works”) from January 14, 2016 to February 20, 2016, and the construction price of the construction amount of KRW 105,60,000 (including additional taxes). On March 31, 2016, the Plaintiff entered into a subcontract for the instant construction works (hereinafter “instant construction contract”). The contract for the alteration of subcontract (including additional taxes) with the construction period from January 14, 2016 to May 31, 2016, the construction price of which is KRW 239,800,000 (including additional taxes).

B. Around April 2016, the Plaintiff completed the instant construction, and the Defendant paid the Plaintiff KRW 168,840,000 in total as the construction cost between February 5, 2016 and July 8, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff completed additional construction works worth KRW 4740,00 according to the instant construction contract and the Defendant’s request, and the Defendant paid the Plaintiff the total construction cost of KRW 244,530,000 even though the Defendant paid the Plaintiff the total construction cost of KRW 168,840,000.

Therefore, the Defendant is liable to pay the Plaintiff the construction cost of KRW 75,690,00 (=244,530,000) and the delay damages therefrom (168,840,000).

B. 1) According to the facts of the recognition of the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 70,960,00 (i.e., KRW 239,80,000 - KRW 168,840,00) and the delay damages therefrom, barring any special circumstances. 2) It is insufficient to acknowledge that the Plaintiff performed the above additional construction work at the Defendant’s request, and there is no evidence to acknowledge otherwise.