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

2. The costs of lawsuit shall be.

1. On March 2014, the Plaintiff entered into a construction contract with the Defendant with a view to increasing the construction cost of KRW 2,050,000,000 with respect to the new hotel construction works in Seocho-si, and agreed to increase the construction cost of KRW 3,00,000,000 on January 6, 2015.

The Plaintiff completed the foregoing construction work on January 28, 2015 and obtained approval for use on February 12, 2015, and was paid KRW 2,893,173,000 by the Defendant as the construction price until March 18, 2015.

2. The parties' assertion

A. Although the Defendant paid the Plaintiff the sum of KRW 2,893,173,00 to the construction cost, the Defendant paid KRW 2,893,173,00 to the Plaintiff, the Plaintiff’s site manager D, and received KRW 109,000,000 in total after having the Plaintiff’s subcontractor pay the Plaintiff’s subcontract price in excess of the Plaintiff’s subcontract price as described below, ②, and ③. The amount returned cannot be included in KRW 2,893,173,00 in the construction cost paid by the Defendant.

Therefore, the construction cost that the Defendant paid to the Plaintiff is KRW 215,827,00 (=3,00,000,000 - 2,784,173,000 (=2,893,173,000 - 109,000). Therefore, the Defendant is obligated to pay the said money and damages for delay.

① On September 5, 2014, E, a subcontractor, paid the subcontract price of KRW 29,00,000 in excess of the subcontract price, and receive return of said money. ② On December 19, 2014, F, a subcontractor, required to pay the subcontract price of KRW 30,000,000 in excess of the subcontract price, and receive return of said money. ③ On December 19, 2014, G, a subcontractor, to whom the subcontractor is a subcontractor, to pay the subcontract price of KRW 50,00,000 in excess of the subcontract price, and receive return of said money.

The Defendant asserted that the construction cost should be paid to the Plaintiff and KRW 2,893,173,00, and that the Plaintiff paid KRW 405,863,50 to the Plaintiff’s sewage supplier in the counterclaim in accordance with the subcontract direct payment agreement with the Plaintiff. However, the Defendant asserted that the Plaintiff paid KRW 397,763,50, as stated in the “B payment” column in the attached C hotel construction cost payment statement in September 13, 2017.

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