1. Of the part regarding the counterclaim in the judgment of the court of first instance, KRW 59,680,460 against the Defendant (Counterclaim Defendant).

1. Case summary and the presumed factual basis

A. The summary of the case asserts that the Plaintiff, as the principal lawsuit, suspended the construction of new housing that was contracted by the Defendants against the Defendants, without the Plaintiff’s mistake. In order to secure the implementation of the construction contract, the Plaintiff sought confirmation of the absence of obligation under each performance guarantee insurance policy issued by the Defendants, the payment of the construction cost, and the payment of KRW 200,000,000, which is part of the additional construction cost, and the damages for delay thereof, as a counterclaim, the Defendants sought compensation in lieu of the defect repair due to the defect of the object of construction delivered by the Plaintiff against the Plaintiff, and the compensation for damages arising from the delay of the completion of the construction work, and the compensation

The judgment of the court of first instance rejected the plaintiff's principal claim for the confirmation of the existence of an obligation, while rejecting the plaintiff's claim for the additional construction costs. The claim for the remainder of the defect repair claims against the plaintiff against the defendant Eul, 16,30,340, 35,330 won, respectively. The claim for the remainder of the damage claims against the plaintiff against the defendant Eul is 86,080,950 won (=68,189,200 damages claim for the defect repair substitute for the defect repair) (68,181,750 won), the claim against the defendant Eul, and C against the plaintiff is 66,486,925 won (=the damage claim for the defect repair substitute for the defect repair), and the remainder of the damage claims against the plaintiff against the defendant against the plaintiff, 16,162,300 won, 50,324,625 won). The remainder of the damage claims against the plaintiff against the defendant against the defendant, 3651, 757, and 157,25 won, and 17.