A. On October 31, 2013, the Plaintiff concluded a construction contract with the Defendant requesting construction on the part of the 111-dong apartment complex B (hereinafter “instant apartment”) with respect to which the warranty period is four years, among the defects in the 11-dong apartment complex B from Kimpo-si, Kimpo-si (hereinafter “instant apartment”).

(hereinafter referred to as "the contract of this case". (b)

The construction cost of the instant contract was KRW 393,00,000 for the first time, but the Defendant received 273,644,860 for the fourth-year defect of the instant apartment from the Korea Housing Guarantee Co., Ltd. on April 30, 2014 from the Korea Housing Guarantee Co., Ltd. as the warranty bond, and reduced the construction cost as the above amount, and KRW 119,350,140 for the difference was paid by the Plaintiff to the Defendant as the contract warranty bond.

C. Under the instant contract, the Plaintiff was suspended from performing construction works for the fourth defect of the instant apartment, and the progress payment was KRW 46,35,520.

At the time of concluding the instant contract, the Defendant paid 20% of the construction cost as advance payment so that the Plaintiff could undertake the construction work in advance, and the Plaintiff paid KRW 57,722,400 for the construction cost for the 4-year defects of the instant apartment in 2011, while performing the construction work for the 1,2, and 3-year defects of the instant apartment.

E. However, as above, the Defendant did not pay advance payment and advance construction payment to the Plaintiff even after receiving the warranty bond from the Korea Housing Guarantee, and the Plaintiff expressed its intent to cancel the instant contract after demanding the discontinuance of construction and performance.

F. In the event of breach of the instant contract, 30% of the construction price was paid as penalty for breach of the contract.

G. A defect occurred in the defect repair work of the apartment complex of this case that the plaintiff started. In the case of the repair work for the defects in the first, second, and third years, there was a defect equivalent to KRW 12,150,453, and it was about the fourth defect.