On May 2010, the Plaintiff performed the construction work by contract with the Defendant for the construction work of KRW 1.29 billion in the cost of the construction work among the construction works that create a housing complex for electric power source located in the area of 18-3 and 3 lots of land in Chungcheongnam-si, Chungcheongnam-do.

On the other hand, the Plaintiff demanded the Defendant to pay the construction price additionally from the lower police officer on March 16, 2010, while the Defendant brought a dispute between the parties to the instant construction, such as the result of safety diagnosis on retaining walls construction, and the Plaintiff’s request for repair of defects, etc., and the instant construction was suspended on November 2010. The Plaintiff notified the Defendant of the termination of the instant construction contract and demanded the settlement of the progress payment.

The Defendant recognized KRW 1,070,532,760 (including value-added tax) as the progress payment for the instant construction project, and paid KRW 935,80,000 in total to the Plaintiff as the title of the instant construction project payment.

On the other hand, the details of defects and the cost of repairing the instant construction works are as follows.

① 268,90,800 won for repairing defects, such as rupture with a retaining wall, etc. ② 10,131,000 won for dredging expenses for drainage stuffs and sewage pipes ③ The Plaintiff was paid KRW 10,262,37 for the cost of moving water to the place of removal, ④ 80,733 won for fluium repair costs, ⑤ the sum of KRW 280,374,870 for 280,370, the Plaintiff did not dispute the ground for recognition. As a result of the appraiser’s appraisal, the Plaintiff asserted the purport of the entire pleadings, as well as the Plaintiff’s assertion of the purport of judgment, and the Plaintiff’s assertion that the construction work of this case was completed, and the Plaintiff was paid KRW 1,165,271,152 (including additional taxes) for the total amount of KRW 935,000,000,000 from the Defendant, and thus, the Plaintiff paid the construction cost and the damages for delay.

Accordingly, in the above basic facts, the defendant shall claim for the payment of the total cost of the repair of the main defects, KRW 280,374,870, and damages for delay as a counterclaim.

The plaintiff's unpaid claim for construction work.