1. The Defendant (Counterclaim Plaintiff) paid KRW 28,189,252 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from May 1, 2017 to May 23, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 22, 2016, the Plaintiff concluded a contract with the Defendant for the new construction of a multi-household housing in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”) (hereinafter “instant construction”) with a content of KRW 580,000,000 on supply value, June 22, 2016 on the commencement date, June 22, 2016, and December 20, 2016 on the completion date.

B. The Defendant obtained approval for the use of the instant building on December 19, 2016.

[Ground for recognition] Unsatisfy

2. According to the above facts of recognition as to the principal lawsuit, the defendant is obligated to pay 48,945,000 won and damages for delay, which the plaintiff seeks, to be deducted from the payment of the construction cost, to the plaintiff, unless there are special circumstances.

3. Determination on the counterclaim and counterclaim

A. As a result of the defect in the instant building, the Defendant has a damage claim in lieu of the defect repair corresponding to KRW 118,978,645 against the Plaintiff, the Defendant’s automatic claim shall be offset against the amount equal to that of KRW 48,945,00, which is not paid for the Plaintiff’s construction cost, and the remainder of KRW 70,03,645 shall be claimed as a counterclaim.

B. 1) In full view of the overall purport of the pleadings as a result of an appraiser D’s appraisal of the causes of a offset and counterclaim, the Plaintiff’s execution of the instant construction works requires the same defects as indicated in the column for the items of defects in the table below the instant building; for such repair of defects, remuneration of the same method as indicated in the same table is required; and accordingly, it may be acknowledged that the same amount as indicated in the column for the remuneration under the same table is necessary. Therefore, barring any special circumstances, the Plaintiff is liable to pay damages in lieu of the repair of defects to the Defendant, 20,755,748 won as compensation in lieu of the repair of defects, and the delay damages therefrom. The Plaintiff is obliged to execute the construction of one building exterior wall as Ma-man.