1. The Defendant (Counterclaim Plaintiff) paid KRW 16,829,617 to the Plaintiff (Counterclaim Defendant) and its related amount from June 29, 2017 to May 27, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 20, 2017, the Plaintiffs received a contract from the Defendant on April 20, 2017 by setting the construction cost as KRW 110,000 per square meter for construction works, which newly constructs a reinforced earth retaining wall on the ground of Jeju-si D (hereinafter “instant construction”).

(hereinafter “instant contract”). (b)

The Plaintiffs completed the instant construction work on May 21, 2017.

The total area of the instant construction is 1,122 square meters, and the construction cost to be paid by the Defendant to the Plaintiffs is 123,452,00 won (=10,000 square meters x 1,122 square meters).

C. The Defendant paid the Plaintiffs KRW 70,000,000, out of the construction cost, and directly paid the Plaintiff a total of KRW 25,842,00 (= KRW 5,100,000 for the food block and its cover amount of KRW 19,800 for the food block and its cover amount of KRW 19,80,000 for the costs incurred in the construction on behalf of the Plaintiff.

Meanwhile, Article 5 of the instant construction contract states that “The period of liability for repairing defects shall be three years,” and the Plaintiffs, on May 17, 2017, prepared and issued a defect repair agreement stating that “The Defendant shall be liable for and compensate for defects for three years after the completion of the instant construction project.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 2, 6 through 8, the purport of the whole pleadings

2. The parties' assertion and the issues of this case

A. The plaintiffs asserted that the damages liability in lieu of the repair of defects arising from the instant construction works are still 19,48,950 won even if they deduct the damages liability in lieu of the repair of defects arising from the remaining construction cost under the instant contract as the principal lawsuit, and claim for the payment of the said money and damages for delay.

The defendant asserts that, even if the remaining construction cost is deducted from the damage claim in lieu of the repair of defects that occurred in the construction of this case as a counterclaim, it still remains 42,825,591 won, and claim the payment of the said money and damages for delay.

B. The issue of the instant case and the summary of the judgment are KRW 27,610,00 =