1. The Plaintiff (Counterclaim Defendant) paid KRW 174,199,00 to the Defendant (Counterclaim Plaintiff) for KRW 174,199,00 and its amount from September 1, 2017 to May 29, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 20, 2016, the Plaintiff: (a) around the Jeju-si, the Plaintiff concluded a contract with the Defendant for construction payment of KRW 214,80,00, and the construction period from October 20, 2016 to February 28, 2017, regarding the windows, glass, and metal construction (hereinafter “instant construction”) among the new construction works of “D” on the land outside C and three parcels of land (hereinafter “instant construction”).

B. Around August 31, 2017, the Defendant completed the instant construction, and the Plaintiff paid KRW 50,000,000 to the Defendant out of the construction cost of the instant case.

C. Meanwhile, in the instant construction project executed by the Defendant, defects such as performing AW-4 creative works have occurred, as shown in the attached Table, and the cost of KRW 18,170,00 is required to repair them.

Upon the Plaintiff’s request, the Defendant carried out additional construction work equivalent to KRW 27,569,00 in total as shown in the attached Table (hereinafter “instant additional construction work”).

[Reasons for Recognition] 1, 2, and 3 Evidence A, Results of an appraisal commission to E Co., Ltd. by this court, the purport of the whole pleadings

2. The Plaintiff filed a claim for damages equivalent to KRW 31,380,000 in lieu of the defect repair. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the cost of defect repair exceeding the defect repair cost equivalent to KRW 18,170,000 as shown in the attached Table recognized earlier, and there is no other evidence to prove otherwise.

Meanwhile, as seen earlier, the Plaintiff’s claim for the defect repair cost amounting to KRW 18,170,000 is set off against the Defendant’s claim for the unpaid construction cost and extinguished both, the Plaintiff’s claim is without merit.

3. According to the facts found in the determination as to the counterclaim claim, the Plaintiff’s remainder of the claim for defect repair expenses against the Defendant during the payment of the instant construction costs and additional construction costs (27,569,000 won = (27,569,000 won-50,000 won) and the following day after September 1, 2017, which is the date of completion of the instant construction works.