1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) in excess of the amount ordered to be paid below.

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is a corporation whose purpose is to engage in reinforced concrete construction business, and the Defendant is a corporation that runs a housing construction business.

B. On January 24, 2014, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant and the captain of Busan-gun, Busan-gun, with respect to civil engineering works for reinforced concrete (hereinafter “instant construction works”), among the construction works for Cheongdol Belgium (hereinafter “instant construction works”).

Standard Agreement Form of Construction Business

1. Project owner: The subcontractor of non-syun (Defendant) Special Metropolitan City Development Corporation: The name of the main contract for the construction of non-syun (Plaintiff) Special Metropolitan City Construction Corporation: The name of the main contract for the construction of Cheongcheon-gun Special Metropolitan City Construction Corporation; and

2. The name of the subcontractor: The construction of reinforced concrete among the construction works of the building project of the Cheongcheon-gun in captain-gun;

4. Construction period: Contract amount on January 24, 2014 to May 20, 2014: 886,511,052 won: Value-added tax: KRW 840,00,000; Value-added tax: Article 14-2 (Change of Contract Amount due to Modification of Design) of the General Conditions in the Standard Subcontract for Construction Business (Form of Design) (1) "A (hereinafter the same shall apply)" shall be adjusted if there occurs an increase or decrease in construction volume upon request of the ordering person or his/her design change, etc.

(5) Where the volume of construction work increases or decreases in accordance with the direction of "A", "A" and "B (the plaintiff, the same shall apply hereinafter)" shall determine the price for the increased or decreased volume of construction work before the construction work is performed.

Provided, That where it is impossible to determine the price in an urgent situation or in advance, "A" and "B" shall be determined immediately after the completion of construction by mutual agreement.

Article 23 (Defect Security) (1) "B" shall be the amount calculated by multiplying the contract amount by the rate of the warranty bond specified in the contract (hereinafter referred to as "guarantee bond for defects") and then shall be paid in cash or by the following certificates until the price for the construction is paid after the completion inspection: