1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Facts of recognition;

A. The Plaintiff is a person operating oil tank and glock manufacturing business with the trade name of C, and the Defendant is a corporation with the purpose of civil engineering and equipment construction business.

In the case of the instant construction of gas stations, the Defendant entered into an order for the installation of the instant oil reservoir underground tank, the design and authorization for the storage facilities of dangerous substances to the Plaintiff. The construction site: the payment of the contract amount of KRW 60,000,000 in the contract amount of KRW 20,000,000 to the scheduled date for the completion of the instant construction project on October 18, 2014; the payment of the first intermediate payment of KRW 20,000,000 after the completion of the instant construction of oil stations; the payment of the second intermediate payment of KRW 12,00,000 after the completion of the instant construction; the payment of the materials and the quantity of the materials to be paid within seven days after the submission of defective securities: the underground storage tank 5,00,000 L/C installation (the tank installation, pipe installation, fire pipe installation, and other construction works): 5 years,00,000 won for the defect repair period;

(Submission of Defect Guarantee Securities)

B. From October 2014, the Defendant, among the new construction works of the E station located in SPD (hereinafter “instant gas station”), awarded a contract to the Plaintiff for the design and authorization of hazardous material storage facilities, etc., and the installation of capital facilities, respectively, with the following content:

(hereinafter referred to as “each of the instant contracts”)

(Submission of Defect Guarantee Securities)

C. On December 28, 2016, the gas station of the instant case obtained approval for use as a hazardous substance storage and treatment facility from female water stations.

recognized.