1. Defendant (Counterclaim Plaintiff): (a) KRW 26,588,175 to the Plaintiff (Counterclaim Defendant) and its related thereto, from April 25, 2018 to February 4, 2021.

A principal lawsuit and a counterclaim shall be deemed to be combined.

Basic Facts

A. The Plaintiff is a person who engages in construction business, etc. under the trade name “D” in Jung-Eup Si, and the Defendant is a person who has contracted the Plaintiff with the construction of a detached house (hereinafter “instant house”).

B. On October 20, 2017, the Plaintiff and the Defendant concluded a contract with the following construction works (hereinafter “instant construction works”), but the construction cost was determined as KRW 192 million upon consultation.

Contract for Construction Work

1. 공 사명 : B 씨 댁 다세대 주택 신축공사

2. Date of commencement: Date scheduled for completion on October 25, 2017: 197,460,000 won (final agreed contract amount: 192,00,000 won) on January 34, 2018.

5. Terms and conditions for the payment of down payment: 50 million won, intermediate payment, 50 million won, intermediate payment, 50 million won, intermediate payment, 47,460,000 won, remaining amount.

C. On September 20, 2017, the Defendant paid to the Plaintiff the sum of KRW 150 million up to December 29, 2017, including KRW 20 million, as down payment among the instant construction cost.

(d)

The Defendant occupied the instant house on February 10, 2018, prior to the instant construction completion permission, and completed the registration of ownership preservation on April 24, 2018 upon obtaining the instant construction completion permission.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-4, and the court's inquiry of facts and response to the party's construction and the commission of document delivery, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The gist of the Plaintiff’s assertion is that the Plaintiff completed the instant construction project by being awarded a contract from the Defendant, and thus, the Defendant is obligated to pay the remainder of the construction cost of KRW 42 million and the delayed damages to the Plaintiff.

B. Although the construction is suspended during the process of the determination and the construction is not completed, the construction shall be deemed to have not been completed, the construction shall be deemed to have been completed, the construction shall be completed by the last process in which the construction is originally scheduled, and its main structural part shall be executed as agreed and shall be on the basis of social norms.