In such a case, ordinary damages shall be the difference between the exchange value of the object and the exchange value as of the present condition where there is a defect when the contractor executes the work without any defect. However, if it is impossible to compute the exchange value, the ordinary damages in the case where it is impossible to compute the exchange value shall be the difference between the construction cost and the construction cost in the case where the work is performed without any defect (see Supreme Court Decision 97Da54376, Mar. 13, 1998, etc.). Regarding this case, a defective repair insurance policy was issued for the food block (band block) constructed by the defendants, and unlike the design drawing, it was constructed with 500 *500 *450h size.

On the other hand, there is no evidence to prove that the retaining wall in question has structural and safety defects or does not function normally as the retaining wall, but excessive cost is required to reconstruct the retaining wall according to 1,00*750h size after the removal of the existing retaining wall, as alleged by the plaintiff.

Therefore, 48,202,00 won, which is the difference in the construction cost of “500*500 *450 h” and “1,000 *750 *50 h” as calculated below, is recognized as damages due to defects.

500*500 * 450h construction cost (the actual construction area is 346 square meters, 780 square meters), 780 x 51,780,000 Si public construction cost = 39,780,000 * 500h construction cost (the construction cost in terms of contract specifications 537.9 square meters, 380 square meters), 220,000 Si public construction cost = the difference (including value tax) between construction cost of KRW 83,60,000 - 39,780,000 - 48,202,000 - 39,777,000 g) construction cost of the housing site in addition to the construction cost of each construction cost of KRW 83,60,000 x one.1.48,202,00 g., g., g., the inner part of the housing site in this case was modified.