1. The Plaintiff (Counterclaim Defendant) paid KRW 10,468,112 to the Defendant (Counterclaim Plaintiff) and its related amount from June 17, 2016 to September 23, 2016.

1. Facts of recognition;

A. On September 16, 2013, the Plaintiff entered into a construction contract with the Defendant under which the Plaintiff would contract the Defendant for the construction of a multi-household building on the ground B in Busan-si.

(hereinafter referred to as “instant construction” and the Defendant’s newly built building is referred to as “instant building”). Standard contract for private construction works

1. Name of construction: New construction of multi-household B in Gyeongsan-si; and

3. Date of commencement: September 23, 2013.

4. Scheduled date of completion: January 30, 2014.

5. Contract amount: The total contract amount for the sale million won: three hundred million won (including value-added tax); and

B. The Plaintiff entered into a contract with C with the authority to handle and supervise all the administrative procedures necessary for the design and construction process of the instant construction project. However, C did not obtain a construction permit for the instant construction project. Accordingly, the Plaintiff was subject to a charge for compelling performance equivalent to KRW 85,392,00 from Gyeongsi on the ground that the Plaintiff performed the instant construction project without a construction permit.

C. In performing the new construction of the building of this case, defects in the building of this case occurred due to the Defendant’s failure to perform the construction of the part to be executed, or different from the drawing of defective construction or the drawing of completed construction. Accordingly, the building of this case was likely to hinder functional and safety aspects of the building of this case. As to the building of this case, defects such as the indication of “unconstruction parts and the indication of defects” exist, and the building of this case is in total equivalent to 65,531,888 won [the 62,19,045 won [the 43,32,843 won] to complete or repair them.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2, and appraiser D's appraisal result

2. Summary of the parties’ claims and arguments

A. (1) The plaintiff (1) paid directly to the defendant as the construction price, or received a request from the defendant for a total of 282,50.