1. The Defendant (Counterclaim Plaintiff) paid KRW 11,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 24, 2017 to April 24, 2019.

1. Facts of recognition;

A. On October 2016, the Plaintiff entered into a contract with the Defendant for a construction contract (hereinafter “instant construction contract”) with regard to the construction cost of KRW 53,000,000, and the construction period from November 5, 2016 to May 31, 2017 with respect to the construction work of the third floor housing construction project of Gangseo-gu Busan Metropolitan Government (hereinafter “instant construction project”).

B. The Plaintiff completed the instant construction within the said construction period, but there were defects, such as the defect of concrete typology, the defect of the defect of steel distribution, etc. in the part executed by the Plaintiff.

C. Meanwhile, the Defendant paid the Plaintiff KRW 33,000,000 in total as construction price.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 (including an additional number, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. According to the above facts finding as to the claim of this case, the Defendant’s statutory interest rate of the Civil Act shall apply from August 24, 2017, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, to the Plaintiff, after deducting KRW 9,00,000 from KRW 20,000 for the construction cost unpaid to the Plaintiff (i.e., KRW 53,000,000 - KRW 33,000 for the 33,000,000 for the tin and remains after deducting the repair cost of the tin and the tin, etc., the Plaintiff’s 11,00,000,000 for the remainder, and from August 24, 2017, since the Defendant reduced the amount of the claim of this case by the Plaintiff

Until April 24, 2019, which is the date of this decision, the Civil Act is obligated to pay 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment on the counterclaim

A. The defendant's assertion ① the cost that the defendant spent to repair the plaintiff's construction parts through another company is 21,320.