The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant) by aggregating the principal lawsuit and counterclaim.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Plaintiff’s claim for deduction of damages in lieu of the Plaintiff’s defective repair, on the ground that it is difficult to recognize that the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) made an agreement to suspend and settle the instant construction with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) and re-satisfying part of the reinforced soil retaining walls of the instant memorial park, and re-satisfying the industrial wall and re-satisfying construction work, and that the result of the appraisal of the defect of the first instance appraiser E of the instant case’s appraisal of the defect was insufficient to recognize that the Plaintiff paid KRW 137,00,000 to perform the repair work of the said defect.

The allegation in the grounds of appeal disputing such fact-finding by the lower court is merely an error in the selection of evidence and the judgment of probative value, which belong to the free trial of the lower court.

In addition, even if examining the reasoning of the lower judgment in light of the record, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party by combining the principal lawsuit and counterclaim. It is so decided as per Disposition by the assent of all participating Justices on the bench.