1. Of the part concerning the principal lawsuit of the judgment of the first instance, the payment order shall exceed the following amount:

1. In the first instance trial, the Plaintiff sought, in lieu of defect repair, payment of KRW 33,807,00,00, including damages for defects in the construction work, including the non-construction and modified construction work parts, to the Defendant as the principal lawsuit, (28,737,00,000, KRW 1,917,000,00 for incidental civil construction work costs of KRW 2.2,20,000,00 for incidental fire-fighting facilities installation costs of KRW 5,53,00,00 for the construction costs of KRW 4,41,00,000 for delayed construction, and liquidated damages of KRW 77,90,07,000 for the remainder after deducting the construction cost of KRW 20,000,000,000 for the Defendant as a counterclaim. In response, the Defendant sought against the Plaintiff the payment of the remainder of the construction cost of KRW 28,737,000,000 for the remainder of construction costs.

The court of first instance partly accepted only the part of the claim for damages in lieu of defect repair in the principal lawsuit, and dismissed all the part of the claim for damages in lieu of the remaining defect repair, the part of the compensation for delay, and the part of the defendant's counterclaim.

On the judgment of the first instance court, the plaintiff did not appeal and only the defendant appealed against the part against the defendant. Thus, the subject of the judgment of this court is limited to the remainder of the principal lawsuit except for the compensation for delay due to delay in the completion of construction and the part of the

2. Facts of recognition;

A. On February 2, 2015, the Plaintiff concluded a contract with the Defendant, who operates C, for the construction work of the 180,000,000 (20,000 won for the new construction work of the D-based multi-family house (hereinafter “instant building”) at the time of photodebing, for the first advance payment, KRW 60,000 for the first advance payment, KRW 60,000 for the storage of temporary materials at the site, and the second advance payment, KRW 60,000 for the second advance payment, KRW 40,00 for the third remainder payment, KRW 40,000 after completion of the construction work, after completion of the construction work), on February 2, 2015, and on April 30, 2015 on the date of completion of the construction work.

(hereinafter referred to as “instant contract”) b.

The Plaintiff’s contract deposit, the first advance payment, and the second installment under the instant contract.