1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 2014, the Plaintiff concluded a contract with the Defendant for the construction of a new house (hereinafter “instant construction contract”) with the Defendant and Bossung-gun C (hereinafter “instant construction”) to remove the housing owned by the Defendant and build a new house (hereinafter “instant construction”).

B. Around that time, the Plaintiff commenced the instant construction work. The Defendant paid KRW 15 million on March 19, 2014, KRW 10 million on March 20, 2014, KRW 10 million on March 20, 2014, KRW 210 million on March 21, 2014, KRW 20 million on April 9, 2014, KRW 10 million on April 10, 2014, KRW 10 million on May 12, 2014, KRW 50 million on May 13, 2014, KRW 90 million on May 29, 2014, KRW 90 million on the account number of the Plaintiff under the instant contract to the Plaintiff.

C. Until June 10, 2014, the Plaintiff entered into the instant construction project, and the Defendant, on June 10, 2014, at his own expense, performed construction works, such as Titch croke, attached string, new strings, toilets, toilets for toilets, multi-use rooms, electric lights, painting plates, and stairs railing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s principal claim contract was concluded orally without setting the construction cost and the construction period, and the scope of the Plaintiff’s payment of the construction cost is “the structure of the instant building completed during the period from the commencement of the instant construction to the completion of its provision of labor.”

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost actually incurred while performing the instant construction work.

(P) The Defendant, as a labor contract, is obligated to pay the price for the period during which the Plaintiff performed the labor contract, even if there is no such a claim.

(Selective Claim) Accordingly, the Defendant paid the Plaintiff the material cost, etc. to the Plaintiff.