1. The Plaintiff (Counterclaim Defendant) paid KRW 54,798,355 to the Defendant (Counterclaim Plaintiff) and its amount from October 31, 2017 to April 24, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2016, the Plaintiff concluded, verbally, with the Defendant, a construction contract with the Defendant for the construction work (hereinafter “instant construction contract”) under which the construction cost is KRW 390,000,000 with respect to the new construction work (hereinafter “new construction work in this case”) with respect to three neighborhood living facilities (hereinafter “each building of this case,” collectively referred to as “three unit building,” and each lot number is expressed in case of individual names, but the F lot number is omitted) on the land of Geumcheon-gu, Busan.

B. On September 13, 2016, a building permit was granted under the Plaintiff’s mother G name with respect to the ground building C [Class I neighborhood living facilities (retail stores)] and the construction began around that time, and the approval for use was granted on June 2, 2017.

D Ground buildings [Class 1 neighborhood living facilities (retail stores)] were built on September 30, 2016 under H's name, and the construction began around that time, and the approval for use was made on June 29, 2017.

With respect to the E-ground buildings [the single house/class 1 neighborhood living facilities (retail stores)], a building permit was granted under the name of the plaintiff on September 30, 2016, and the construction began around that time, but the approval for use was not granted.

C. From July 15, 2016 to January 20, 2017, the Plaintiff paid the Defendant KRW 200,000,000 as construction price, and the Plaintiff paid KRW 280,000 on December 10, 2018, which was after the instant lawsuit, additionally paid KRW 80,000,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 6, 17 evidence, Eul evidence 1 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (the Plaintiff’s claim) 1) there are a large number of defects and unconstruction parts on each of the instant buildings and access roads, and the total amount of KRW 83,369,626 is required to repair or construct them. 2) The instant construction contract from July 2016 to October 2016.