1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.

1. The plaintiff filed a main lawsuit claiming construction cost at the first instance court, and the defendant filed a counterclaim claiming compensation in lieu of defect repair.

The first instance court partly accepted the plaintiff's claim on the principal lawsuit and the defendant's counterclaim. Accordingly, the plaintiff only filed an appeal on the part against the plaintiff among the part concerning the principal lawsuit and counterclaim in the first instance judgment, but withdrawn the appeal on the principal lawsuit on the fourth day of pleading in this court.

Therefore, among the counterclaims of the judgment of the court of first instance, only the part against the plaintiff among the counterclaims of the court of first instance is subject to the judgment of this court.

2. The reasoning for this part of the lower court’s reasoning is the same as that of the corresponding part of the judgment of the first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

3. Judgment on the counterclaim

A. The summary of the Defendant’s assertion was that it was difficult to cultivate mushrooms by causing defects in water in the middle of the floor at the wind of the solar power plant in the instant case where the Plaintiff is using as a mushroom cultivation plant (hereinafter “instant container construction”). As such, KRW 270,948,000 is required to repair the said defects.

In addition, the plaintiff constructed a melting soil on the legal surface of the site of the solar power plant in this case, and some of the constructed underground water was leaked and the legal surface was lost. In order to repair the above defects, 16,90,000 won is required.

Therefore, the Plaintiff is obligated to pay the Defendant the amount of KRW 287,938,00 (i.e., the concrete floor value of KRW 270,948,00,000) as compensation for damages in lieu of defect repair and damages for delay.

B. In general, determination of the defect in the instant concrete construction project is a defect in the relevant legal structure.