1. The Defendant (Counterclaim Plaintiff) paid KRW 39,887,00 to the Plaintiff (Counterclaim Defendant) for KRW 39,887,00 and its amount from April 17, 2015 to August 13, 2015.

1. Basic facts

A. On October 25, 2013, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the content that the Defendant shall construct a building consisting of housing and agricultural machinery repair stores on the land outside South-Namnam-gun, Gun, and one parcel of land (hereinafter “instant building”) from November 4, 2013 to February 4, 2014, and that the Plaintiff shall pay the Defendant KRW 160,000,000 in total according to the progress of the construction as follows (hereinafter “instant construction contract”).

(A) 50,000,000 won for the first half payment on the date of concluding a contract: 30,000,000 won for the second half payment on the date of producing the sn beam beam: 20,000,000 won for the third half payment on the date of arrival of the board: 10,000 won for the fourth half payment on the date of arrival of the board of light: 10,000 won for the fourth half payment on the date of floor concrete construction: the date of completion;

B. Under the instant construction contract, the Plaintiff paid the Defendant KRW 130,000,000,000 for the down payment of KRW 50,000,000 on October 25, 2013, and KRW 50,000 for the first time on November 15, 2013, and KRW 30,000 for the second time on November 28, 2013 (=50,000,000 for the second time payment of KRW 50,000,000 for the second time on November 28, 2013).

(A) Evidence Nos. 2 through 4). (c)

On January 3, 2014, according to the instant construction contract, the Defendant constructed concrete on the floor outside the instant building (Evidence 2). However, the Plaintiff refused to pay the remainder payment by asserting that there was a defect in the instant construction project, and around that time, the instant construction was suspended and maintained the status of suspension until now.

(C) . [In the absence of dispute] . [Grounds for recognition] .] The fact that there is no dispute, Gap evidence 1, Gap evidence 2-1 through 4, Eul evidence 2-2, and the purport of the whole pleadings.

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s summary of the Plaintiff’s assertion as to the cause of the principal claim is the cause of the instant principal claim. The instant construction contract is served on the Defendant with a copy of the instant complaint containing an expression of intent to rescind the contract due to the Defendant’s nonperformance of obligation.