1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Suwon District Court 2019Kadan70 case is the case where the defendant claimed against the plaintiff for the payment of the construction cost of KRW 157,325,00 and the delay damages for this.

(hereinafter “Prior Case”). After the closing of argument on February 14, 2019, the court of first instance rendered a judgment of confession (in the form of a written objection only and the absence on the date of pleading) as follows: (a) admitting the Defendant’s claim on March 7, 2019; and (b) admitting the Defendant’s claim on March 7, 2019; and

(hereinafter referred to as "final judgment of this case") (hereinafter referred to as "the final and conclusive judgment of this case"). The defendant (the plaintiff of this case) shall pay to the plaintiff (the defendant of this case) 157,325,000 won with 6% per annum from March 1, 2016 to December 12, 2018, and 15% per annum from the next day to the day of full payment.

First, the Plaintiff asserts that the Defendant’s balance of the construction price exceeds KRW 132,795,00 (including value-added tax) [the total amount of KRW 367,40,000 paid by the Plaintiff to the Defendant - KRW 234,605,00 which the Plaintiff paid to the Defendant], and that the Defendant claimed KRW 2,453,00 ( KRW 157,325,000 - KRW 132,795,000) in the preceding case, the amount of said money is set off against the claim for return of unjust enrichment equivalent to the claim for return of the final judgment amount of this case.

However, according to res judicata of the final and conclusive judgment of this case, the Defendant’s claim for the construction payment against the Plaintiff was confirmed to have existed in KRW 157,325,00, and the actual claim that the remainder of the construction payment is KRW 132,795,000, is contrary to res judicata of the final and conclusive judgment of this case, as the grounds prior to the closing of argument in the preceding case, which is the standard time of the final and conclusive judgment of this case

Therefore, the above argument is without merit.

Next, the plaintiff asserts that there is a damage claim in lieu of the defect repair in relation to the construction work assigned to the defendant, and that it is offset against the claim for the final judgment of this case.