1. The Defendant (Counterclaim Plaintiff) paid KRW 25,296,486 to the Plaintiff (Counterclaim Defendant) and its amount from July 9, 2020 to September 21, 2020.

Basic Facts

On June 30, 2018, the Plaintiff entered into a contract with the Defendant for the construction of the instant construction works for detached houses D-dong and E-Dong (hereinafter referred to as “instant construction works”) with the construction cost of KRW 438,000,000, and the construction period from July 5, 2018 to January 30, 2019.

(hereinafter “instant contract”). After November 2018, the Plaintiff was additionally awarded a contract from the Defendant for construction works, such as Ddong-gu literature, etc. (Ddong-gu type), and for the replacement of bathing rooms (Ddong-gu type) (hereinafter “Additional Construction”).

On December 27, 2018, the Defendant sent to the Plaintiff a content-certified mail stating that the instant contract will be terminated, along with a request for the settlement of construction costs.

Accordingly, on January 17, 2019, the Plaintiff and the Defendant agreed to confirm the details of the non-construction and confirm the fact that the construction cost for the non-construction portion was 16,415,000, and to terminate the contract.

[Ground of recognition] The plaintiff's main claim of the parties concerned as to Gap's evidence Nos. 1 through 6, and the purport of the whole pleadings is that the defendant is obligated to pay to the plaintiff the plaintiff KRW 51,472,655, excluding the construction cost already paid from KRW 329,723,530, 48,656, in total of KRW 392,02,221, and KRW 37,842,62, and additional construction cost under the contract of this case.

The defendant's assertion and counterclaim claim is obliged to pay the defendant the sum of the remuneration costs and the construction costs for the non-execution portion for the part where defects occurred among the parts executed by the plaintiff.

In full view of the purport of the entire pleadings as a result of the appraisal commission with respect to appraiser F of the instant construction project based on the judgment on the claim for the principal lawsuit, the construction cost for the part executed by the Plaintiff is acknowledged as having been 392,002,221 (no dispute between the parties) and the additional construction work Gap's 2, 3, and Eul's 4, and the appraiser F of the instant court.