1. The Defendant (Counterclaim Plaintiff) paid KRW 10,832,00 to the Plaintiff (Counterclaim Defendant) for KRW 10,832,00 and for this, from June 8, 2010 to January 21, 2014.

[This lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim]

1. Basic facts

A. On December 209, the Defendant concluded a construction contract (hereinafter “instant contract”) with the Plaintiff, setting the construction period from January 15, 2010 to March 15, 2010, and the construction cost of KRW 59,200,000 on the land of Jindo-gun, Jindo-gun, with the construction cost of the second floor (hereinafter “instant building”).

B. Since the Defendant commenced construction and completed the construction of the instant building, the Plaintiff occupied the instant building on March 25, 2010, and obtained approval for use of the instant building on June 7, 2010, and completed registration of ownership preservation on June 17, 2010.

C. The Plaintiff did not pay KRW 19,00,000, out of the remainder that the construction cost should be paid on the date on which the construction is completed, on the ground of the defect in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 4 through 6 (including each number, hereinafter the same shall apply), Gap evidence 18, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination on the main claim

A. (1) The plaintiff asserted that the plaintiff is liable to pay 53,05,000 won to the plaintiff for damages in lieu of defect repairs, since the defendant did not perform the non-construction or defective construction as shown in the table of defect repair sum calculation (hereinafter "the table of this case") in attached Table 1 to 24 in relation to the construction of this case.

(2) According to the reasoning of the argument as a result of appraiser D’s on-site inspection of each of the statements and images of Gap evidence Nos. 3 through 13, Gap evidence Nos. 35 and 43, and the overall purport of the arguments as to appraiser D’s appraisal of the instant construction work, the facts that the Defendant’s failure to perform construction or defective construction against the instant contract, as described in paragraphs 1 through 19, and that defects occurred due to the failure to perform construction or defective construction, and the said failure to perform construction or defective parts.