1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 21,316,359 against the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On April 20, 2016, the Plaintiff and the Defendant concluded a contract with the Plaintiff for reinforced concrete construction among construction works for neighborhood living facilities and multi-family houses (hereinafter “instant reinforced concrete construction works”) by determining the contract amount of KRW 262,394,00 and the construction period from April 20, 2016 to July 19, 2016.

B. In addition, the Plaintiff and the Defendant entered into a contract with the Plaintiff on April 20, 2016 regarding the contract amount of KRW 68,013,00, and the construction period of KRW 60,00 from April 20, 2016 to September 30, 2016, under which the Defendant entered into a contract with the Plaintiff for soil works and other appurtenant works among the newly constructed multi-family house construction works (hereinafter “instant land works and appurtenant works”).

C. By June 20, 2016, the Plaintiff received 290,000,000 won (=262,394,000 won 68,013,000 won) out of the total contract amount of the instant reinforced concrete construction, soil construction and appurtenant construction (i.e., the instant reinforced concrete construction, and appurtenant construction) from the Defendant, and did not receive the remainder of 40,407,000 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. The parties' assertion

A. In the Plaintiff’s assertion on the claim of main claim, “other appurtenant works” in the instant earth works and the appurtenant works are the incidental works related to the earth works, with a view to restoring delivery due to the installation of a water pipe and earth works, not the other appurtenant works.

Since the Plaintiff completed all of the instant reinforced concrete construction, soil construction, and appurtenant construction in early July 2016, the Defendant is obligated to pay the Plaintiff any balance of KRW 40,407,00 and any delay damages therefrom.

B. The Defendant’s assertion on the counterclaim is based on the contract on the instant earth works and appurtenant works, and the Plaintiff must complete the process of “common temporary installation works, soil and designated works, appurtenant works, landscaping works, removal works, and septic tank works,” etc.

However, on June 2016, the Plaintiff suspended the execution of soil works and appurtenant works, and the Defendant on June 2016.