In the lawsuit of this case, damages in lieu of defect repairs are 524.

A. (1) On March 24, 2014, the Plaintiff entered into a construction contract with the Defendant on the ground of 29461 square meters of a warehouse building on the land of 294.61 square meters of Sinju-si (hereinafter “instant contract”). On March 24, 2014, the Plaintiff entered into a construction contract with the Defendant to newly construct four units of a warehouse building at KRW 190 million (hereinafter “instant contract”). The said construction is called “instant construction”; and the said warehouse building is called “instant warehouse.

(2) After that, the Plaintiff agreed to additionally pay KRW 2 million to the Defendant as construction cost related to the panel construction. (2) The Defendant completed the instant construction work on May 3, 2014, and received KRW 160 million in total from the Plaintiff during the construction cost from March 25, 2014 to May 4, 2014.

B. 1) On July 21, 2014, the Defendant filed a lawsuit against the Plaintiff seeking payment of the remainder of construction, etc. (No. 2014Gadan7607). The Plaintiff, in the said lawsuit, set-off the claim against the Plaintiff for damages in lieu of the defect repair, such as the non-construction of the warehouse of this case. (2) In the said lawsuit, appraiser D was 24,976,00 won for the expenses incurred in the construction of the non-construction of the warehouse of this case, and the expenses incurred in repairing the defective portion are 24,143,00 won for the repair of the defective portion. On the other hand, where it is deemed that reconstruction is necessary as a result of the structural safety diagnosis, the entire reconstruction cost is 229,000,000 won for the reconstruction cost (No. 3).

3) On November 16, 2016, the above court rejected the Plaintiff’s obligation to pay the remainder of the construction work to the Defendant (i.e., KRW 190,000,000 for the additional construction work cost of KRW 2,000,000 for the fixed construction work cost of KRW 160,000 for the fixed construction cost - Defendant’s claim amount of KRW 4,769,230 for the employment insurance premium and industrial accident insurance premium of KRW 4,769,230 for the reason that there is no evidence to acknowledge that the Plaintiff agreed to pay it.

As follows, the plaintiff's assertion of offset against the damage claim substituted for the repair of defects, such as the non-construction, is accepted.