1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Around July 2015, the Plaintiff, a company incorporated for the purpose of a housing construction project, etc., was awarded a contract with the Defendant for a new construction project of a second-story housing unit on the ground of Leecheon-si (hereinafter “instant construction project”) to KRW 166,50,000 for the construction cost. Around that time, the instant construction project was undertaken from around November 2015 to around November 2015.

The defendant obtained approval for the use of the above house on December 29, 2015.

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

2. Determination as to the cause of the claim in the principal lawsuit

A. The Plaintiff’s assertion did not receive KRW 40,000,000, out of the construction price for the instant construction work from the Defendant.

On May 2016, the Plaintiff and the Defendant agreed to deduct the repair of defects and the construction cost for the non-construction portion of the instant construction work from the construction cost claimed by the Plaintiff, deeming it as KRW 5,300,000.

Therefore, the Plaintiff sought payment of KRW 34,700,000 (=40,000,000 - 5,300,000) and damages for delay, which are the difference between the Defendant and the Defendant.

B. According to the above facts, it is reasonable to deem that the Plaintiff completed the instant construction work (However, the defect repair of the non-construction or defective construction portion is examined below), and the Defendant shall pay the Plaintiff the construction price for the instant construction work.

Meanwhile, the Plaintiff is a person who received KRW 126,500,000 from the Defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above KRW 34,700,000,000, which the Plaintiff seeks payment within the scope of the unpaid construction cost (i.e., KRW 166,50,000 - KRW 126,50,000) and damages for delay from May 1, 2016, on which the Plaintiff was due and after the date of repayment, to the Plaintiff.

C. Whether the obligation to pay the construction cost is extinguished due to non-performance of the contract, the Defendant, as to the repair of the defects and non-construction of the instant construction work.