1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) added at the trial, shall be modified as follows:

1. The reasons why a party member of the court of first instance should explain this case are changed as follows, and the reasons why a party member of the court of first instance should accept this case are as stated in the reasons for the judgment of the court of first instance, except for the addition of “additional judgment” under the following. As such, it shall be cited in accordance with the main sentence of

In the latter part, ① “The defendant shall have the obligation to pay the plaintiff the unpaid construction price of KRW 30,200,000 according to the above-mentioned facts” in the first instance judgment No. 3, 10, and “The defendant shall have the obligation to pay the plaintiff the unpaid construction price of KRW 30,200,000, and the defendant shall have the obligation to pay the plaintiff the interest calculated at the rate of 6% per annum under the Commercial Act from November 1, 2012 to July 1, 2015, which is the delivery date of the petition of appeal added a claim for delay damages from November 1, 2012 to the delivery date of the copy of the petition of appeal, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from

(2) On the other hand, if there is any defect in the health expenses, the object completed or the part completed prior to the completion of the contract with respect to the defendant's damages for delay, the contractor may claim for the repair of the defect, and the contractor may claim damages in lieu of the defect repair or together with the defect repair. Except in special circumstances, these claims are in a simultaneous performance relationship with the contractor's claim for the construction price. Thus, if the contractor holds and exercises the claim for the construction price, the contractor's damages liability related to the defect of the object shall not be attributable to delay of performance.

Therefore, the Defendant cannot claim damages for delay against the Plaintiff in this case where the Plaintiff holds the unpaid construction cost claim and exercises it.

Therefore, the plaintiff is obligated to pay the defendant KRW 10,890,00 for the cost of waterproof construction due to the defect in the floor of the ground room, but the defendant's remaining counterclaim is claimed.