A. On March 16, 2010, the Dobong-gu Seoul Metropolitan Government Office that ordered the project to create the Changwon Park for Children (hereinafter referred to as the “instant construction”) to enter into a contract with Song Name Construction Co., Ltd. (hereinafter referred to as the “Song Name Construction”) for construction costs of the instant construction amounting to KRW 429,48,00, and the Plaintiff jointly and severally guaranteed the obligations related to Song name Construction.

B. Afterward, the Dobong-gu Office and the Songdae Construction entered into a modified contract with the content that the construction cost shall be increased to KRW 17,962,00,000, compared to the initial construction cost, according to the design modification, and the construction cost shall be changed to KRW 447,450,00.

C. However, as a result of the completion of the foregoing construction, when there were defects in landscaping planting construction, such as the closure of trees, the Dobong-gu Office demanded repair of defects to the Plaintiff who jointly and severally guaranteed the construction cost of KRW 52,900,000, and the Plaintiff completed the repair of defects on October 24, 2012.

After that, the Plaintiff received 3.5 million won out of the above costs from the Specialized Construction Financial Cooperative around November 15, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 5-1, 2, and Gap evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The instant construction consisting of the Plaintiff’s assertion summary landscaping facility construction and landscaping planting construction, which are composed of the instant construction works, shall be en bloc subcontracted to the Defendant and all of the Defendant. As such, the Defendant is liable to repair the defects arising from the instant construction works. However, as long as the Plaintiff is a joint and several surety for the construction of Song name and has fulfilled the obligation to repair the parts of the landscaping planting construction on behalf of the Defendant, the Defendant has the obligation to comply

The defendant's summary of the defendant's argument was a lump sum subcontract for the construction of this case from the original title construction, but it was in violation of the relevant statutes and original contract, so the defendant changed the construction contract to the construction of landscaping facilities.