1. The Defendant (Counterclaim Plaintiff) paid KRW 24,835,00 to the Plaintiff (Counterclaim Defendant) for KRW 24,835,00 and the amount from August 26, 2015 to November 11, 2015.

1. Basic facts

A. The Defendant contracted to C for a new construction of 2nd floor of reinforced concrete structure (D houses) and 2nd floor of reinforced concrete structure (E houses) in Ulsan-gun, Ulsan-gun, Ulsan-gun, to build a new building of reinforced concrete structure (hereinafter “E houses”), and C was suspended while performing the said new construction work.

B. Around March 2013, the Defendant made an oral contract to the Plaintiff for the remainder of the construction work of D Housing and E-Housing Construction (hereinafter “instant construction work”), and the Plaintiff completed the instant construction work on or around January 2014.

[Reasons for Recognition] Unsatisfy, Gap 2, 7, Eul 3 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the contract for the instant construction project, the Defendant did not set the Plaintiff and the instant construction cost and subsequently set it later.

The construction cost of this case is KRW 112,695,500 ( KRW 54,569,500 in the D Houses + KRW 58,126,00 in the E House + KRW 58,126,00 in the part), and the Defendant paid KRW 37,00,000 in the Plaintiff.

The defendant is obligated to pay to the plaintiff KRW 75,695, 500 ( KRW 112,695,500-37,000,00) and delay damages.

B. Defendant 1) at the time of the instant construction contract, the Defendant agreed to the Plaintiff and the construction cost of KRW 50,000. The Defendant paid the Plaintiff KRW 40,400,000 out of the instant construction cost. As such, the unpaid construction cost is KRW 9,600,000 ( KRW 50,000-40,400), the unpaid construction cost is KRW 19,663,000,00.

As a result, the defendant set off the obligation of the unpaid construction cost of KRW 9,600,00 on an equal amount, and the plaintiff claims the remainder of KRW 10,063,00 and the payment of damages for delay as a counterclaim 2015da5756.

There is a defect in the E-house and 21,120,000 won is necessary for the repair of the defect.

The defendant shall claim to the plaintiff the payment of KRW 21,120,000 and damages for delay as a counterclaim 2015da5650.

3. Determination as to the unpaid construction cost

(a) 1) Gap evidence 4 (including paper numbers);