1. The Defendant (Counterclaim Plaintiff) paid KRW 24,746,160 to the Plaintiff (Counterclaim Defendant) and its related amount from June 29, 2013 to July 16, 2014.

1. Basic facts

A. On October 28, 201, the Plaintiff was awarded a contract for the construction of a factory site for Yangsan-si 884, Yangsan-si. On September 28, 2012, the Plaintiff subcontracted to the Defendant the construction cost of KRW 73,700,000 (amended by November 67, 2012) among the construction cost of the soil work to the Defendant (amended by KRW 67,276,000).

On November 17, 2012, the Defendant completed the said Saturdays, and the Plaintiff paid KRW 67,276,000 to the Defendant on December 14, 2012.

B. On October 31, 2012, the Defendant completed the instant reinforced earth retaining wall (hereinafter “the retaining wall of this case”) among the above earth works. On March 17, 2013, the Defendant left the retaining wall of this case within 75 meters from March 17, 2013, and on March 25, 2013, the retaining wall of this case was collapsed.

(hereinafter referred to as the “first collapse.” The Defendant bears the burden of KRW 40,889,690, and completed the repair work for the retaining wall of this case on April 14, 2013.

C. On May 27, 2013, the retaining wall of this case was collapsed again on June 1, 2013.

(hereinafter referred to as the “second collapse.” On June 4, 2013, the Plaintiff maintained the retaining wall of this case at the expense of KRW 49,492,320.

[Reasons for Recognition] Unsatisfy, Gap 1-13, Eul 2 (including paper numbers) or images, results of appraisal commission, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s main claim 1) was defective in the retaining wall of this case constructed by the Defendant, and thereby, the 1,20 collapses occurred. 2) The Plaintiff paid 49,492,320 won after the second collapse, and repaired the retaining wall of this case.

3) Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 49,492,320 as well as damages for delay in lieu of repair of defects. (B) The Defendant’s counterclaim claim 1) did not have any defect in the retaining wall of this case constructed by the Defendant, and the cause of the Plaintiff’s fault 1 and the second collapse occurred.

2) The Defendant did not have a duty to repair the defects of the primary collapse. After the primary collapse, the Defendant paid expenses of KRW 40,889,690, and repaired the retaining wall of this case. 3) Accordingly, the Plaintiff is the Defendant.