피고 B 주식회사(이하, ‘피고 B’이라고만 한다)는 토목건축공사업 등을 목적으로 설립된 회사이고, 피고 C은 ‘E’라는 상호로 건축자재 도매업 등을 영위하는 사람이며, 피고 D은 ‘F’이라는 상호로 건설업을 영위하는 사람이다.

B. On April 14, 2014, the Plaintiff entered into a construction contract with Defendant C and Defendant D for the new construction of “H Jincheon Factory” on the ground of Jincheon-gun, Chungcheongnam-do (hereinafter “instant new construction contract”) under which the value of the construction work is KRW 710,000,000,000,000,000,000 for value of the construction work, the date of commencement, August 14, 2014, and the date of completion as of December 10, 2014 (hereinafter “instant construction contract”).

C. On the other hand, the Plaintiff and Defendant B written a written contract for construction work (Evidence A 2-1) with respect to the instant newly built construction project, stating that “the date of the contract is August 14, 2014; the date of commencement; December 31, 2014; the date of completion; the date of construction completion; and the construction cost is KRW 747 million (Additional Tax)” (Evidence A-1); and the said construction cost is reduced to KRW 51 million (Additional Tax) as of September 17, 2014.

As the instant new construction corporation completed around January 7, 2015, the Plaintiff received a new factory around February of the same year, but sent a content-certified mail demanding the Defendant B to compensate for damage in lieu of defect repair or defect repair on October 20, 2015, on the grounds that there exist defects and parts which were arbitrarily constructed differently from design and design in the said new construction, and filed a lawsuit against the Defendants seeking compensation for damage in lieu of defect repair on November 24, 2015.

2. Determination on the cause of the claim

(a) a substitute for defect repairs;