Expenses for appeal shall be borne by the plaintiff.

The first instance judgment is the purport of the claim and the purport of the appeal.

A. The Plaintiff’s trade name at the time of the instant contract was H.

On March 10, 2016, after being awarded a contract for D New Construction (hereinafter “instant construction”) from Nonparty C, the Defendant agreed to supply materials related to the instant construction with the Defendant. The contract amount is KRW 392,861,800, and the delivery period is from March 10, 2016 to September 30, 2016, the materials supply contract (hereinafter “instant contract”).

In addition, the Plaintiff subcontracted the part of the mechanical facility construction among the instant construction to E, to F Co., Ltd., and to G Co., Ltd. the part of the electrical construction, and to the part of the concrete construction for civil engineering works.

B. On September 30, 2016, the Plaintiff and the Defendant concluded a modified contract with the content that the delivery period under the instant contract would be changed from March 10, 2016 to October 24, 2016, the contract amount would be KRW 392,861,80 to KRW 443,291,834.

(c)

By November 17, 2016, the Defendant received all of KRW 443,291,834 from the supply price of materials under the above contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 10 through 12, each of the statements (including numbers, if any), and the purport before oral argument

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the name of the instant contract is a material supply contract or its entity is a construction subcontract, and the instant construction project is subdivided into four sections and subcontracted to each supplier, but the Defendant actually managed, supervised, and completed the entire construction project, and the Plaintiff paid all the construction cost to the Defendant.

In doing so, the defendant's error in the construction of the building of this case caused water leakages inside the building constructed by the construction of this case, but the defendant did not perform his duty to repair defects.

The plaintiff is to repair defects due to the defendant's failure to perform the duty to repair defects.