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

2. The plaintiff (Counterclaim defendant) is about 16,241.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 7, 2016, the Plaintiff concluded a construction contract under the instant construction contract with the Defendant to remodel the Defendant’s private house located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul and one parcel of land (hereinafter “instant construction contract”) with the content that the construction cost would be KRW 949,254,648, and to newly construct temporary relocation materials (hereinafter “instant construction contract”).

B. On June 2016, the Plaintiff was ordered to take corrective measures on the ground that the temporary snow newly built pursuant to the instant construction project from the Gacheon View-si, which had been the process of the instant construction project, violated the Building Act. On July 15, 2016, the Plaintiff concluded a construction contract with the Defendant to remove the said temporary snow materials and install a tent (hereinafter “instant tent construction contract”) with the effect that the Plaintiff would bear the construction cost of KRW 80,000,000 between the Defendant and the Defendant.

C. Meanwhile, the Defendant did not pay 43,614,639 won out of the construction price under the instant construction contract to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion completed the preparation of construction works under the instant tent construction contract, but the Defendant did not install it at the wind that the Defendant rejected the installation of a tent without any justifiable reason.

However, the Defendant did not pay the construction cost under the instant construction contract on the ground that the instant construction work was not completed, so the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 43,614,639 and delay damages therefrom.

B. The Plaintiff completed the preparation of the instant construction contract under the instant tent construction contract with the sole descriptions of evidence Nos. 2 and 5, and the Defendant just installed a tent.