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

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

1. The scope of this Court’s trial at the first instance trial against the defendant, (1) the principal lawsuit, (2) the payment of the settlement of construction price, and (3) the payment of the unpaid amount out of the fixed construction price based on the premise that the construction contract becomes null and void. Accordingly, the defendant sought the amount equivalent to the repayment of the loan, (2) the return of the loan, (3) the repayment of the delayed payment, and (5) the payment of the amount equivalent to

On the other hand, the court of first instance dismissed all the plaintiff's main and main claims, and partly accepted the claim for delayed payment (the above part 4) among the defendant's counterclaim, and dismissed all the remaining counterclaims.

In relation to the judgment of the first instance, the plaintiff appealed only to the part against which the plaintiff lost the claim for main action (the part against the first instance court) and the part against the counterclaim (the part against the first instance court).

Therefore, the scope of the court's judgment is limited to the main claim and the main claim for delay compensation among counterclaims.

2. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the main claim

A. The Plaintiff’s assertion 1) The primary argument is as follows. The Defendant, based on the following circumstances, seeks to pay the Plaintiff the unpaid construction cost of KRW 878,219,00 (hereinafter “paid construction cost”) less the unpaid construction cost of KRW 638,438,430,300, excluding the unpaid construction cost of KRW 239,788,219,438,300, and the unpaid construction cost of KRW 638,438,400, and the unpaid construction cost of KRW 239,780,60,000, which is calculated by deducting the unpaid construction cost of KRW 239,780,00,000 from the unpaid construction cost of KRW 878,219,00,000, but only KRW 239,780,300 as the purport of the appeal.

In addition, it argues that there is a duty to pay damages for delay.

① On or after June 10, 2015, the date of conclusion of the instant construction contract.