1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On August 11, 2015, the Plaintiff concluded a construction contract with the Defendant to newly construct F (hereinafter “instant loan”) on the land outside Busan Seo-gu and two parcels, with respect to the amount of the contract for the tide, aesthetic field, waterproof, and steering works (hereinafter “blosting works, etc.”) among the new construction works of the Defendant and Dora, with the amount of KRW 15,646,494, and the period of construction from August 11, 2015 to November 30, 2015, with the object of construction to be paid in cash within ten days from the delivery date.

B. Around that time, the Plaintiff entered into the instant construction contract with the Defendant, including the contract amount of KRW 11,719,000 (hereinafter “instant construction contract”).

C. On January 25, 2016, the Plaintiff obtained approval for the use of the instant loan.

On the other hand, since the approval for the use of the loan of this case, water leakages occurred in the vicinity and in the ceiling of a certain lake, etc., and the cause of the water leakages occurred due to the poor flooding and the destruction of a waterproof layer around the lake.

As of September 13, 2016, the defect repair cost of the water leakage portion as of September 13, 2016 requires a total of 98,822,475 won. Among them, the defect repair cost of the section for common use, such as the first basement E/V PIT structure, and the parking lot ceiling, is the total of 11,843,681 won, and the defect repair cost of the section for exclusive use, such as the living room and the inside room, is the total of 86,978,794 won.

In addition, the cost of interior construction among the cost of repairing the defects of a section for exclusive use is KRW 2,712,312, and the cost of external construction is KRW 84,26,482. Among the cost of external construction, KRW 2,200,388, total of the cost of removing external finishing materials, KRW 6,368,221, total of the cost of waterproofing the interior walls after the removal of external finishing materials, KRW 13,321,909, total of the cost of installing the outer finishing materials after the completion of waterproofing construction, KRW 62,375,964, total of the cost of installing a gauge for such external construction.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 3-8, appraisal by appraiser G.