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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is that the Defendant’s payment on April 9, 2013 out of the construction price that the Defendant stated in the fifth list of the judgment of the court of first instance paid to the Plaintiff is “25,000,000 won” and “25,000,000 won” as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning for the judgment of the court of first instance is identical to the corresponding part.
2. Judgment on the plaintiff's main claim
A. The judgment on the cause of the claim (1) In addition to the conclusion of the above construction contract with the defendant, the plaintiff performed additional construction works such as outer walls due to the change of the design, etc. requested by the defendant during the construction period. The construction cost including all of them is KRW 887,700,000 (including value-added tax). Here, the defendant's construction cost of KRW 565,000,000 paid to the plaintiff, the construction cost of KRW 10,000,000 paid directly to the plaintiff's subcontractor, and KRW 5,00,000, film construction cost of KRW 16,527,500, and the repair cost of KRW 66,391,164 due to the defect in the plaintiff's construction work, and the appraisal cost of KRW 16,50,50,00 and the repair cost of KRW 66,39,164 due to the defect in the plaintiff's construction work.
B The construction cost to be paid from the Defendant remains at KRW 224,781,336 (=total construction cost of KRW 887,70,000,000 - Electrical Construction Cost of KRW 565,00,000 - film construction cost of KRW 5,000 - film construction cost of KRW 16,527,500 - repair cost of KRW 66,391,164), and thus, the Defendant shall pay the remainder of the construction cost to the Plaintiff.
(2) The judgment of the court below is based on each of the statements or images stated in Gap evidence Nos. 6, 7, 8, 12, 13, 18, 19, 20, 24, 30, 32, 33, 35, 36, 37, witness E, and witness of the court of first instance.