1. As to the Plaintiff (Counterclaim Defendant)’s KRW 40,106,960 and KRW 38,002,40 among them, the Defendant (Counterclaim Defendant)’s KRW 40,106,960 on February 27, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) on April 10, 2015, for the construction of a new apartment (hereinafter “the instant apartment”) which was entered into a subcontract with C Co., Ltd. (hereinafter “the instant subcontract”). From September 17, 2014 to June 3, 2016, for the construction cost of KRW 614,700,000 among the construction works, and for the construction period of KRW 614,70,000 among the other construction works (hereinafter “the instant apartment”).

B. Until the beginning of June 2016, the Defendant completed the instant works, and thereafter, completed the repair of defects related to the instant works at the construction site at the said construction site, and completed the said works on November 19, 2016.

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

2. Assertion and determination

A. The summary of the plaintiff's assertion 1) although the defendant's assertion completed the other construction work of the subcontract of this case, there were many defects in the part of the subcontract of this case, and the plaintiff did not comply with the plaintiff's request for repair of defects, thereby causing losses to the plaintiff to pay 70,815,700 won to the plaintiff for the repair of defects. Therefore, the defendant is obliged to pay the plaintiff the remainder of 5,815,700 won (i.e., the 70,815,700 won - 15,000 won - 15,000 won for the repair of defects (i.e., the 70,815,700 won - 15,000 won), which is alleged by the plaintiff as a substitute for the repair of defects.

(b) Determination 1) Facts of recognition Gap 2, 3, 5 through 14 (each entry, including paper numbers, and the witness E's testimony.