Of the counterclaims in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid.

1. The Plaintiff filed a claim in the principal lawsuit. The Plaintiff sought payment of the compensation claim for delay and the compensation claim in lieu of the defect repair pursuant to the construction contract between the Plaintiff and the Defendant in the amount equivalent to the remainder remaining after offsetting the Plaintiff’s unpaid construction price claim against the Defendant on an equal amount. Accordingly, the Defendant filed a counterclaim for the payment of the said unpaid construction price and the additional construction price.

As to this, the first instance court acknowledged the Plaintiff’s claim for delay damages against the Defendant as KRW 167,492,730, and damages claim in lieu of defect repair as KRW 52,016,924. Here, the Defendant’s claim for delay damages against the Plaintiff was dismissed on the ground that the full amount of the Plaintiff’s claim is extinguished if the Defendant’s claim for delay damages against the Plaintiff is offset on equal amount. ② In relation to the Defendant’s counterclaim, the Defendant’s claim for delay damages against the Plaintiff was recognized as KRW 229,547,00, and accordingly, the Defendant’s claim for delay damages against the Defendant was recognized as KRW 229,547,00, and accordingly, the Defendant’s claim for delay damages against the Defendant was dismissed, citing the remainder of KRW 10,032,346 set off from equal amount as the Defendant’s payment for delay, and dismissed the remainder of the counterclaim.

Accordingly, since the defendant appealed against the defendant among the part concerning the counterclaim against the judgment of the court of first instance, the scope of the judgment of this court is limited to the part concerning the counterclaim against the judgment of the court of first instance which the defendant appealed.

2. Basic facts

A. On September 12, 2016, the Defendant received contracts from the Plaintiff on September 12, 2016 at the rate of 1/100 for the construction of a new H living accommodation facility (which consists of a total of 28 guest rooms; hereinafter “instant building”) on the ground of Suwon-si C (hereinafter “instant construction facility”) on September 19, 2016; the date of commencement; the construction work amount on May 31, 2017; the date of completion; the construction work amount on May 31, 2017; the value-added tax (including value-added tax); and the liquidated damages rate of 1/100.

hereinafter referred to as "the case."