1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this Court’s judgment as to the facts of recognition and the claims on the merits is as follows, and this part of the judgment is the same as the corresponding part of the reasoning of the judgment of the first instance, except for the use of, addition to, or deletion of a part of it as follows. Therefore, it is acceptable in accordance with the main

The fifth page of the judgment of the court of first instance shall be deleted.

The 6th judgment of the first instance court " was completed" and the 7th judgment of the first instance court was constructed.

Part 9 through 8 of the first instance judgment shall be followed by the following:

However, as seen below, the Plaintiff and the Defendant agreed that the construction work should be modified or added differently from the construction contents set forth in the instant contract and the additional construction cost should be paid accordingly. Since the total construction cost, including the additional construction cost of KRW 2757 million, exceeds KRW 76,8570,000,000, which includes the additional construction cost of KRW 27570,000,000,000, is difficult to recognize that the Plaintiff paid the above KRW 70,005,00 without any legal cause, and there is no other evidence to acknowledge this differently. The Plaintiff’s above assertion is without merit without any further review.

Since there is a functional defect and a total of 100,116,224 won are required to repair it, the defendant, the contractor, is obligated to pay the plaintiff, the contractor, the compensation for damages in lieu of the above defect repair pursuant to Article 667 (2) of the Civil Code, and the compensation for the delay thereof. The following is added to the fourth 4th tier of the judgment of the first instance.

(v) Accordingly, the Defendant seeks compensation in lieu of the defect repair of the instant building from the date of occurrence of the defect to KRW 100,116,224 as well as KRW 80,092,979 as already quoted in the first instance trial.