1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is charged with KRW 57,516,000 to the Plaintiff (Counterclaim Defendant).

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 7 (including the number of branches; hereinafter the same shall apply), the result of the commission of appraisal to the appraiser C by this court, the witness D's testimony and the whole purport of the pleadings.

On January 5, 2016, the Defendant concluded a construction contract with the Plaintiff for the supply of construction cost of KRW 550,00,000 (excluding value-added tax, KRW 55,000,000 on January 5, 2016, the first intermediate payment of KRW 110,000 on March 1, 2016, KRW 110,000 on intermediate payment of KRW 110,00,000 on April 1, 2016, KRW 165,00 on intermediate payment of KRW 165,00,000 on May 13, 2016, and KRW 110,000 on July 15, 2016, and the remainder of KRW 110,000,000 on July 15, 2016).

B. The Plaintiff paid the Defendant KRW 340,000,000 in total, as value-added tax on October 25, 2016, KRW 340,000,00, KRW 110,000 on March 7, 2016, KRW 110,000 on April 17, 2016, KRW 30,000 on May 17, 2016, and KRW 340,000 on May 18, 2016, and paid KRW 34,00,000 on value-added tax on October 25, 2016.

C. However, the Defendant experienced conflicts with the Plaintiff regarding the progress of construction works, and suspended construction works around June 9, 2016.

Until then, the defendant has failed to complete the construction, and the amount of construction and the additional amount of construction are as specified in attached Table 1.

On June 14, 2016, the Plaintiff notified the Defendant of the rescission of the instant construction contract.

E. In the part of the construction executed by the Defendant, there were defects such as attached Table 2.

2. Summary of both parties' arguments concerning the claims on the merits;

A. The construction cost of the part claimed by the Plaintiff is equivalent to KRW 316,426,00, and the additional construction cost is KRW 14,639,00. Thus, the construction cost paid by the Plaintiff in excess of the fixed period is KRW 42,935,00 ( KRW 374,00,000 - KRW 316,426,000 - KRW 14,639,000), and the defect repair cost incurred by the Defendant’s construction work is KRW 14,581,00.