The defendant's KRW 40,166,00 for the plaintiff and 5% per annum from May 31, 2019 to August 28, 2020 for the plaintiff.

1. Facts of recognition;

A. On October 29, 2016, the Plaintiff entered into a construction contract with the Defendant and Seodaemun-gu Seoul, Seodaemun-gu, with the construction cost of KRW 690 million and the construction period from November 7, 2016 to April 30, 2017 (hereinafter “instant construction contract”).

B. On November 7, 2016, the Defendant commenced construction works under the instant construction contract (hereinafter “instant construction works”) and obtained approval for the use of new buildings around May 30, 2017.

C. From November 7, 2016 to August 31, 2017, the Plaintiff paid the Defendant the construction cost of KRW 690,000,000 as stipulated in the instant construction contract.

The Plaintiff and the Defendant agreed to perform additional works, excluding some of the sculptures installation works, sanitary instrument installation works, furniture installation works, home heading works, and glass works, such as other lighting works, typesetting works, typeing works, wood works, metal works, heading works, decoration works, hardware purchase, fence construction, civil petition processing works, electrical construction, sanitary instrument installation works, and air conditioner works among the instant works, and accordingly the additional works were completed.

E. The Plaintiff and the Defendant agreed to deduct losses incurred by the Plaintiff in connection with the instant construction work from additional construction cost of KRW 40,50,000. The Plaintiff’s losses to be deducted are KRW 1,1320,00,000, including landscaped non-construction cost of KRW 3.844,00,000, the first floor, and second floor replacement cost of KRW 2.28,000,00,00

F. The Plaintiff paid the Defendant KRW 10 million each on May 1, 2018 and June 25, 2018 as additional construction cost.

G. From April 2018 to the ceiling of the first floor of the building that the Defendant newly built, the Defendant had a defect in performing the instant construction from around April 2018, and there exists a defect in the process of performing the instant construction, and the Defendant demanded KRW 49,346,00 as the defect repair cost (i.e., KRW 54,816,00 as the result of the appraisal - KRW 5,470,00 among the appraisal cost).

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1, 2, 3, 5, 6 and Eul evidence Nos. 1 through 5.