Of the judgment of the court of first instance, the plaintiff (Counterclaim defendant) who has failed to pay the following amounts in excess of the amount ordered to pay the counterclaim.

1. The first instance court’s judgment dismissing the Plaintiff’s claim for the payment of the unpaid construction cost, and rendered a judgment citing part of the counterclaim as to the claim for damages caused by the Defendant’s defect. Since the Plaintiff appealed only the counterclaim part among the judgment of the first instance court, the scope of the judgment of this court is limited to the part against the Plaintiff among the counterclaim

2. Basic facts

A. On July 11, 2016, the Plaintiff entered into a contract with the Defendant for the construction of the Gangseo-gu Busan Metropolitan Government land neighborhood living facilities (hereinafter “instant building”) (hereinafter “instant construction”) by setting the construction cost of KRW 693,00,000 (including value-added tax) and the construction period from August 5, 2016 to November 30, 2016 (hereinafter “instant contract”).

B. On November 30, 2016, the Plaintiff and the Defendant increased the contract amount under the instant contract to KRW 716,100,000, and extended the construction period to February 28, 2017. In short, on February 28, 2017, the contract amount was increased to KRW 770,000,000 and the construction period was extended to April 15, 2017.

C. On August 31, 2017, the Plaintiff completed the instant construction. The instant building was approved for use on September 14, 2017.

On the other hand, the Defendant paid KRW 737,000,000 to the remainder, excluding KRW 33,000,000, out of the contract amount under the instant contract.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 1 (including an additional number; hereinafter the same shall apply), the purport of the whole pleadings

3. Claims and judgments on counterclaims

A. The plaintiff alleged by the defendant is obligated to pay 15,743,169 won (=4,743,169 won) remaining after deducting the payment from the payment of damages caused by the above defect, since the plaintiff did not construct the building of this case in accordance with a significant design drawing or constructed the building of this case in a defective manner, and the defect repair cost is a total of 48,743,169 won (=48,743,169 won - 33,000,000 won).

(b).