1. The Defendant (Counterclaim Plaintiff) paid KRW 26,461,712 to the Plaintiff (Counterclaim Defendant) and its related amount from January 28, 2015 to February 8, 2017.

1. Basic facts

A. The Plaintiff is a person who runs a construction business under the trade name of “C”.

B. On May 20, 2014, the Plaintiff entered into a contract for the instant contract (hereinafter “instant contract”) with the Defendant on the lower temperature storage area (6600m x 7500m x 4200m m , height 4200m , hereinafter “instant low temperature storage area”) on the ground of D forest land in Chungcheongnam-si, Chungcheongnam-si, which is owned by the Defendant.

The contract of this case contains “survey and design, low temperature storage, construction of bottom concrete, non-forest construction, electricity expansion, food construction, and incidental expenses” as the content of the construction, and the time scheduled for completion is July 30, 2014; and the time scheduled for completion is the total of KRW 60,000,000,000 for the contract date, the intermediate payment of KRW 18,000,000 for the contract date, the intermediate payment of KRW 18,00,000 on June 30, 2014; and the remainder on July 30, 2014.

C. In accordance with the instant contract, the Plaintiff newly built the instant storage shop. The Defendant paid KRW 22,00,000 to the Plaintiff totaling KRW 6,000,000 on July 10, 2014, and KRW 16,00,000 on October 1, 2014.

[Reasons for Recognition] Class A: Evidence Nos. 1, 2, 4, 5, 7, 8, 11, and the purport of the whole pleadings and arguments No. 1

2. Summary of the parties' arguments

A. Although the Plaintiff’s assertion completed the construction work on October 31, 2014 in accordance with the instant contract, the Plaintiff did not receive the remainder of KRW 38,000,000 among the construction cost (=total construction cost of KRW 60,000,000 - total construction cost of KRW 22,00,000 already paid) from the Defendant.

Therefore, the Plaintiff seek against the Defendant the payment of the remainder of the construction cost of KRW 38,000,000 and damages for delay.

B. The Defendant’s assertion did not perform some of the construction works among the construction works under the instant contract, and there is also a defect in the construction works completed by the Plaintiff.

The Defendant newly constructed the low temperature storage shop in this case and granted subsidies related to the small-scale distribution facility support business of agricultural products in 2014 from the Chungcheong City.