The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) pays KRW 47,600,000 to the Plaintiff (Counterclaim Defendant).

Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 22, 2017, the Plaintiff entered into a direct construction contract with the Defendant and Sejong-si, under which the Plaintiff would receive a contract for construction work of “D’s detached housing construction project” in the size of the first and second floors above ground (hereinafter “instant detached housing construction”) for KRW 617,00,000 for construction cost (hereinafter “instant construction contract”).

B. Since then, the instant construction contract was finally changed several times due to changes in the details of construction and additional construction, and the construction cost was finally determined as KRW 537,00,000,000, and KRW 29,000,000,000, in total.

C. On October 10, 2017, the Plaintiff started the instant construction and obtained approval for the use of the instant building on August 16, 2018, and around that time, the Defendant completed registration for the preservation of ownership relating to the instant building.

According to the instant construction contract, the Defendant paid the Plaintiff KRW 123,40,000 on September 27, 2017, and KRW 100,00,000 on December 21, 2017, and KRW 1200,000 on February 12, 2018, KRW 50,000 on April 13, 2018, KRW 30,000 on May 2, 2018, KRW 70,000 on May 14, 2018, KRW 30,000,000 on May 214, 2018, KRW 30,000 on May 21, 2018, KRW 10,000 on June 15, 2018, KRW 000,000 on the construction price; and KRW 50,008,000 on the construction price.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul's evidence 10, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff asserted that the construction work of this case was completed under the construction contract of this case.

However, the Defendant paid only KRW 518,400,000 out of the construction cost of this case to the Plaintiff.

Therefore, the defendant should pay the plaintiff the unpaid construction cost of KRW 47,600,000 and damages for delay.

B. The plaintiff alleged by the defendant did not construct the part to be constructed in accordance with the design drawing when constructing the building of this case or constructed the building in a fraudulent manner.