All appeals filed by the Defendant-Counterclaim Plaintiff against the principal claim and counterclaim are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendant entered into a double construction contract with the Plaintiff on August 29, 2017 with respect to the area of 1,638 square meters (hereinafter “instant land”), which is owned by the Defendant, with respect to the land of this case as quality farmland not exceeding 2 meters in the existing package for dry field farming. The fact that the Plaintiff and the Defendant entered into an additional construction contract with the Plaintiff on September 24, 2017 (hereinafter “instant double construction contract”) with the term of 11,00,000 won (the contract amount of KRW 1,00,000,000 won and the balance 1,000,000 won after the completion of the construction) and the construction period of May 30, 2018. The Plaintiff and the Defendant concluded the said additional construction contract with the Defendant on September 24, 2017 (hereinafter “instant double construction contract”), and the Plaintiff did not have any dispute over the construction contract between the Plaintiff and the Defendant within the entire period of 100,000 won.

2. The parties' assertion

A. Although the Plaintiff completed the instant molding construction, the Defendant paid the remainder of KRW 108 million for the construction cost (i.e., the total construction cost of KRW 11.8 million - the down payment) excluding the down payment paid as down payment (i.e., KRW 18 million).

Therefore, the plaintiff, as the principal lawsuit, seek the payment of the above construction cost and its delay damages against the defendant.

B. Defendant 1) Although the instant land was created as excellent farmland for dry field farming, the Plaintiff had a considerable quantity of waste concrete, waste asphalts, hack pipe, etc., and earth and sand containing stone, and the instant molding construction work. As such, the Plaintiff’s performance of the instant molding construction work with earth and sand containing construction wastes is not a proper performance of obligations under the instant construction contract (the Defendant’s objection).