1. The Defendant (Counterclaim Plaintiff) paid KRW 153,973,880 to the Plaintiff (Counterclaim Defendant) and its related amount from August 26, 2015 to January 13, 2016.

1. Basic facts

A. On December 6, 2012, the Plaintiff entered into a construction contract with the Defendant, a corporation that is engaged in the construction civil engineering business, etc. (hereinafter referred to as “instant construction contract”) under which the Defendant would build a new building project on the ground that the contract amount of KRW 1,293,60,000 (including value-added tax), December 10, 2012 after the commencement date, and April 30, 2013 at the rate of liquidated damages for delay 0.1% (hereinafter referred to as “C pharmacy neighborhood living facilities” in the instant building “instant building”).

B. The Defendant, under the instant construction contract, drafted a subcontract agreement with D (representative E) and the construction cost of KRW 143,00,000 on April 11, 201, when the construction was commenced and under construction work, as to the parts of the windows, metals, and glass construction, which were in the process of construction work, as well as the period of completion, set at 0.1% on April 30, 2013 and 0.1% on the penalty for delay.

C. After that, on June 14, 2013, the instant construction was completed and the approval for use of the instant building was rendered on the same day. At present, each of the instant buildings, including pharmacies, is located and run a business.

Of the construction cost of this case 1,293,600,000 won, the remainder of the construction work not paid by the Plaintiff until now is KRW 54,080,00.

E. On the other hand, on July 15, 2013, the Plaintiff sent a notice to the Defendant demanding repair if any defect, such as water leakage and water treatment failure, occurred in the instant building by content-certified mail. On July 18, 2013, the Defendant sent the notice to the Plaintiff by content-certified mail stating that the Defendant claims the remainder of the construction and additional construction costs.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 6, and 7 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. Determination 1 on the claim for damages due to a defect repair or a defect liability in lieu of a defect repair) The part that recognized the Plaintiff’s assertion should be executed by the Defendant in accordance with the instant construction contract.