1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 27, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost (Seoul District Court 2009Gahap21693). On June 16, 2011, the said court rendered a judgment in favor of the Plaintiff to the effect that “the Defendant shall pay the Plaintiff KRW 180,075,873 and its delay damages, and the Plaintiff may execute the provisional execution (hereinafter “the judgment of the first instance”).

B. The judgment of the appellate court prior to the remanding case, the plaintiff and the defendant appealed respectively, and the defendant filed a counterclaim (the Busan High Court 201Na5066) claiming construction cost against the plaintiff while continuing the above appellate court (the Busan High Court 2011Na5066).

On October 30, 2012, the above appellate court rendered a judgment to the effect that "the part against the defendant in the judgment of the first instance against the defendant among the judgment of the court of first instance shall be revoked, and the part concerning KRW 65,959,129 among the revoked part shall be dismissed, and the remainder of the plaintiff's main claim shall be dismissed," and that "the plaintiff shall pay the defendant 170,251,616 won and its delay damages, and the defendant may execute the provisional execution (hereinafter referred to as "the judgment of the appellate court of exchange transmission")."

C. On April 25, 2013, the court rendered a judgment to the appellate court prior to the remanding of the judgment of the appellate court prior to the remanding of the judgment of the appellate court, which rendered a final appeal, and rendered a judgment to the effect that “the construction cost of 180,075,873 won and the damages for delay in the principal lawsuit of the judgment of the appellate court prior to the remanding of the judgment of the appellate court” (Supreme Court Decision 2012Da116543, 2012Da11650, 2050, 2013) and the part concerning the repair cost of 72,494,636 won and the damages for delay in the counterclaim shall be reversed, and the case

E. The appellate court (Seoul High Court Decision 2013Na3682 (Main Lawsuit), 2013Na3699 (Counterclaim)), which was followed by the decision of the appellate court and the decision of the appellate court on the continued reversal and return after remand, is now pending.