1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 24, 2016, the Plaintiff concluded a contract with the Defendant for the construction cost of KRW 246,950,000, which sets the construction cost as KRW 246,950,00 and for the construction of a building on C ground (hereinafter “instant building”) on both weeks (hereinafter “instant contract”).

B. The Plaintiff newly constructed the instant building and delivered it to the Defendant, and the Defendant paid KRW 224,500,000 to the Plaintiff out of the construction cost of the instant contract.

C. After receiving the instant building, the Defendant carried out a fence construction with the cost of KRW 1,200,000, and paid a total of KRW 10,068,50 ( KRW 3,687,600 on the roof waterproof construction work, KRW 3,344,00 on the asphalt reconstruction work, KRW 3,344,00 on the wall of the second floor due to mycoin, and KRW 3,036,90 on the wall of the second floor.

As a result of the appraisal conducted by the appraiser D of the first instance trial on May 28, 2018, the building in this case was found to have a defect in construction amounting to KRW 8,212,00 for defect repair cost ( KRW 3,980,00 for the 1,527,000 for the 1,527,000 for the 1,527,000 for the 2,30,000 for the 2,30,000 for the 2,30,000 for the 1st floor and the 375,000 for the 375,000 for the 1st floor.

E. On June 1, 2018, the Defendant deposited the amount of KRW 3,019,127 with 3,573 heading 3,573 in 2018 for the Plaintiff.

F. After the appraisal by the first instance court appraiser D on August 27, 2018, it was additionally found that there was a defect in construction (the number of water leakages on the underground first floor and the outer wall of the second floor) equivalent to KRW 3,910,000 in the instant building, in addition, there was a defect in the construction cost of KRW 3,910,000.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, and 8, each appraisal result of the first instance court appraiser D, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. According to the facts acknowledged prior to the determination of the cause of the claim, the unpaid balance of the construction cost under the instant contract is KRW 22,450,000, and thus, the Defendant shall be the Plaintiff, barring any special circumstance.