A. The Defendant contracted the construction work of multi-family house D in the East Sea to C.

B. On June 17, 2017, the Plaintiff paid KRW 87,600,00 for the construction cost of the Changho Metal Corporation among the said new construction works by C, and the Defendant guaranteed the Plaintiff’s debt against the said C.

C. On July 15, 2017, the Plaintiff agreed to pay the Plaintiff the said additional construction cost directly to the Plaintiff, including the first additional construction cost of KRW 5,950,00,000, and the second additional construction cost of KRW 1,920,00 on September 26, 2017 (hereinafter “instant construction work”), and the Defendant agreed to pay the said additional construction cost directly to the Plaintiff.

The Defendant’s construction cost of the instant case to the Plaintiff KRW 26,00,000,00 on April 27, 2017, and the same year

5. 26. 35,000,000 won was paid.

E. The foregoing building was completed around November 8, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 36,590,000 (= KRW 5,950,000) out of the instant construction cost, barring any special circumstances, (i) KRW 1,920,000 - KRW 26,000,000 - KRW 35,000,000,000), and damages for delay.

3. The defendant's defense and its judgment

A. The Defendant’s assertion that the damages amounting to KRW 7,930,243 shall be offset against the damages amounting to the defect repair of the instant construction works executed by the Plaintiff, or damages amounting to the damages amounting to the defect.

B. In light of the results of the appraiser E’s appraisal of defects (including the fact-finding results of this court’s appraisal of appraiser E), the results of this court’s on-site inspection are acknowledged that there are defects in construction, such as the attached list, in the part constructed by the Plaintiff, and that the total amount of KRW 7,930,243 is required to repair the defects in the part constructed by the Plaintiff.

Furthermore, according to the above evidence, the results of the appraisal of defects by the above appraiser are calculated.