1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is annually paid KRW 7,180,000 to the Plaintiff (Counterclaim Defendant) and the period from November 8, 2017 to April 4, 2018.

1. Basic facts

A. On April 4, 2017, the Plaintiff concluded a construction contract with the owner of a building to newly establish a detached house on the ground of Pyeongtaek-si C (hereinafter “instant construction contract”).

B. The Plaintiff from April 4, 2017 to the same year

5. Until December 22, 200, the construction of reinforced concrete building in accordance with the construction contract of this case is completed.

C. The Defendant paid KRW 20,000,000 to the Plaintiff as the price for construction under the instant construction contract, and the Plaintiff has the obligation to pay the remainder of the construction cost of KRW 7,180,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. (1) The Plaintiff’s assertion (1) The Plaintiff agreed with the Defendant to pay the construction cost pursuant to the instant construction contract at that time when the Plaintiff completed construction work at a certain level. Since the construction cost incurred in reinforced concrete construction work at a new building is KRW 59,244,460, the Defendant is liable to pay the difference between the construction cost of KRW 20,000,000, which was already paid to the Plaintiff and the delay damages therefrom.

(2) Since the Plaintiff asserted that there was a defect in the part that was executed under the instant construction contract, the Plaintiff is obligated to pay the defect repair cost and consolation money to the Defendant.

B. However, there is no evidence to prove that the Plaintiff agreed to pay the construction cost under the instant construction contract at the time when the Plaintiff completes the construction work at a certain level, as argued by the Plaintiff, to pay the construction cost incurred until that time.

Even if the Plaintiff paid KRW 59,244,460 to the construction cost under the instant construction contract, there is no evidence as to whether the construction cost was set.