1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

3...

1. Basic facts

A. The construction cost under the contract for the new construction project of this case: 1; 2; 1.4 million won per square meter for the second floor; and 600,000 won per square meter for the third floor.

Down payment: The balance of KRW 40 million shall be paid from the security deposit for lease on a deposit basis with the money, except the down payment, after calculating the amount of average fee in accordance with the design drawings.

1) The Plaintiff is the counter-defendant B of the first instance trial (hereinafter “B”).

In addition, the third floor building was to be built on the E-ground without roof, and the third floor was to be built on the outer wall without roof. Around December 20, 1997, the construction of the building was to be built and contracted to the Defendant with the following determination (hereinafter referred to as the “instant new construction contract”).

2) The first floor of the instant building is divided into 2 partitions and 2 partitions of the store owned by the Plaintiff.

3) Around August 5, 1999, between the Defendant and the Plaintiff, the Plaintiff’s wife F as the lessee, with approximately 60 square meters in one square meter among the stores owned by the Defendant’s wife as the lessee (hereinafter “F-leased”).

A) As seen earlier than KRW 20 million, the instant extension contract was concluded for the instant extension project, and KRW 30 million was increased to KRW 20 million. A lease agreement was concluded for two years with the Defendant’s father G as the lessee, and approximately KRW 60 square meters out of the store on the first floor owned by the Defendant’s father as the lessee (hereinafter “G lease agreement”).

(4) On the same day, the Defendant prepared and issued to the Plaintiff and B a written confirmation that “The construction price was paid in full, and will repair the defects of the instant building by September 30, 1999.”

B. Article 2 of the instant extension construction contract: Paragraph (1) of the construction cost and payment method: Paragraph (2) of the total construction cost: The payment method for the construction cost of KRW 53 million: the Defendant leased three floors and replaced the construction cost with the deposit for lease.