1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (Judgment of the first instance court) On October 27, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost (No. 2009Gahap21693, Busan District Court 2009). On June 16, 2011, the above court rendered a judgment of winning part of the Plaintiff’s judgment (hereinafter “the judgment of the first instance court”) to the effect that “the Defendant shall pay the Plaintiff KRW 180,075,873 and its delay damages, and the Plaintiff may execute the provisional execution thereof.”

B. (Pronouncement of the Supreme Court Decision 201Na5066) The plaintiff and the defendant appealed respectively, and the defendant filed a counterclaim (Seoul High Court 2012Na5186) claiming construction cost against the plaintiff during the period of the above appellate trial (Seoul High Court 201Na5066).

On October 30, 2012, the above appellate court rendered a judgment to the effect that "the part against the defendant in the judgment of the first instance against the defendant among the judgment of the court of first instance shall be revoked, and the part concerning KRW 65,959,129 among the revoked part shall be dismissed, and the remainder of the plaintiff's main claim shall be dismissed," and that "the plaintiff shall pay the defendant 170,251,616 won and its delay damages, and the defendant may execute the provisional execution (hereinafter referred to as "the judgment of the appellate court of exchange transmission")."

C. (Judgment of Reversal and Return) The plaintiff filed an appeal against the judgment of the appellate court prior to the remanding, and the above judgment of the appellate court [Supreme Court Decision 2012Da116543, 2012Da11650 (Counterclaim)] rendered on April 25, 2013, the court rendered a judgment to the effect that "the construction cost of 180,075,873 won and the damages for delay in the principal lawsuit of the judgment of the appellate court prior to the remanding of the case, and the part concerning the defect repair cost of 72,494,636 won and damages for delay in the counterclaim, shall be reversed, and this part of the case shall be remanded to the Busan High Court."

E. (Pronouncement of the judgment of the appellate court and the continuation of the final appeal after the remanding) the appellate court (the Busan High Court 2013Na3682 (the main office), which has been followed by the above reversed and remanded judgment, shall be the appellate court.