1. The Defendant (Counterclaim Plaintiff) paid KRW 10,581,292 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from November 22, 2016 to November 28, 2018.

1. Basic facts

A. On October 23, 2015, the Plaintiff: (a) set the construction cost of KRW 470 million for the construction work; (b) from October 30, 2015 to March 30, 2016 for the construction period of KRW 470 million for the instant construction work (hereinafter “instant construction”); and (c) paid KRW 200 million for the construction cost around that time.

At the time of the instant contract, the Plaintiff and the Defendant agreed that KRW 270 million shall be paid by the Plaintiff from the lessee of the instant building at the time of the instant contract, and the compensation for delay shall be paid KRW 1/100 of the construction cost per day, and the compensation for delay shall not be paid due to natural disasters, but the value-added tax shall not accrue upon the Plaintiff’s request.

B. By March 2016, the Plaintiff additionally paid KRW 245 million to the Defendant as the construction cost.

C. On June 21, 2016, the Plaintiff completed registration of initial ownership of the instant building in the name of his spouse and joint ownership.

The first floor of the instant building is a commercial building, and the second, third, and fourth floors are housing units 2, third and third floors have two households (D, E, F, G) and one household (H) on the fourth floor. The Plaintiff’s husband and wife live in the fourth floor, and leases the next floor and housing units.

[Reasons for Recognition] Gap evidence 1, Eul evidence 1, Eul evidence 2-1, 2, 3, and 4, and the purport of the whole pleadings

2. Claims and judgments (the principal lawsuit and counterclaims are judged together);

A. The Plaintiff’s assertion 1 as to the cause of the principal claim was erroneous in the construction of the instant building that caused a number of defects in the instant building and the repair thereof. As such, the Defendant is obligated to pay the said amount as damages in lieu of defect repair to the Plaintiff, the Defendant is obligated to compensate the Plaintiff for the damages in lieu of defect repair. Accordingly, the Plaintiff seeks payment of KRW 53,036,228 as part of its claim against the Defendant.

Since the Defendant delayed the completion of the instant construction for 80 days, the Defendant did so to the Plaintiff.