A. On March 2, 2013, the Plaintiff entered into a contract with the Defendant for construction works (hereinafter “instant construction”) on the north-gu Seoul District District Housing (hereinafter “instant housing”) (hereinafter “instant contract”) (hereinafter “instant construction”) by setting the construction cost of KRW 105,00,000, and the construction period of May 2, 2013.

B. The Plaintiff paid the Defendant the construction cost of KRW 105,00,000 by May 13, 2013. However, on the grounds that there were various defects, such as water leakage in the instant housing, etc., the Plaintiff sent a content-certified mail indicating the Defendant’s intent to cancel the instant contract on July 3, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 4, purport of whole pleadings

2. Determination

A. In full view of the appraisal results of appraiser D’s judgment on the cause of the claim and the purport of the entire pleadings as to the part executed by the Defendant until the discontinuance of the instant construction work, the attached Form is as follows.

(b) There is an unregistered part, such as (unconstruction cost) description, and annexed sheet;

C. (Defect repair construction cost) The fact that defects such as entries have occurred, the sum of 28,770,421 won (including value-added tax) for the expenses required for completion of the non-construction part, and 48,584,919 won (including value-added tax) for the removal and reconstruction because it is impossible to repair a defect or repair a defect, barring any special circumstance, the defendant shall be liable to compensate for the damages suffered by the plaintiff due to the failure to perform the above construction and reconstruction as the warranty liability of the contractor under Article 667(2) of the Civil Act.

B. The judgment of the defendant regarding the defendant's assertion was made by additional construction works other than the original contract part with the plaintiff, and the plaintiff pays additional construction costs to the defendant. Thus, the defendant's defect repair cost is to be paid to the plaintiff.