A. Defendant (Counterclaim Plaintiff) is with 12,900,000 won against the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. On April 28, 2016, the Plaintiff entered into a contract with the Defendant for construction work with the content that the Plaintiff would receive KRW 128,000,000 from the Defendant for the construction work of the Daejeon Seo-gu C detached Housing (hereinafter “instant construction work”) and the construction period from May 10, 2016 to September 9, 2016. However, the Plaintiff entered into a contract with the Defendant for construction work that would receive KRW 50,00,000 as the down payment, KRW 30,000,000 as the down payment, KRW 28,000,000 as the completion of the structural construction work, and KRW 28,00,000 after the completion of the inspection (hereinafter “the instant construction contract”).

B. On June 21, 2016, the Plaintiff agreed to provide additional construction cost of KRW 6 million in addition to the instant construction work with the Defendant and the instant construction work and implemented additional construction work.

(c)

On August 8, 2016, the Defendant obtained approval for the use of the above house (hereinafter “instant house”) from the head of Seongbuk-gu, Daejeon Metropolitan City, and completed the registration for the preservation of ownership on August 17, 2016.

(d)

On April 28, 2016, the Defendant paid to the Plaintiff the down payment of KRW 50 million under the instant construction contract and the instant additional construction agreement, KRW 31.8 million (including waste disposal expenses) on June 10, 2016, and KRW 26 million (including additional construction expenses of KRW 6 million) on June 27, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 7, appraiser D of the first instance trial, and each fact-finding reply (hereinafter "the appraisal of this case"), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff completed the instant construction and passed the completion inspection, the Defendant is obligated to pay the Plaintiff the unpaid construction price of KRW 28,000,000 [=128,000,000] - (50,000,000 KRW 30,000,000] and the delayed damages.

B. Defendant 1) Since the Plaintiff did not complete the instant construction work properly, the remaining payment date under the instant construction contract did not arrive.

2) The instant construction is completed, even if the construction was completed.