1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 19, 2013, the Plaintiff and C contracted to the Defendant, who is engaged in the construction business under the trade name “D”, civil engineering works and plant construction works on the land outside E and two parcels.

B. After the commencement of March 27, 2013, the Defendant completed civil engineering works and new factory construction works around May 2013.

C. Meanwhile, around March 2015, the Plaintiff awarded a contract to F for the packing work of the pertinent land in KRW 12,367,000.

【Ground of recognition】 The fact that there is no dispute, Gap 1-3, Eul 1, and Eul 4, the purport of the whole pleadings

2. The plaintiff's assertion caused a large number of defects on the floor by the defendant's defective execution of civil works and construction of a factory. The plaintiff and the defendant agreed to pay the construction cost to the plaintiff upon the execution of the defect repair work. Accordingly, since the plaintiff's defect repair work was done through F, the defendant is obliged to pay the plaintiff the cost of defect repair construction cost of KRW 12,367,00 and damages for delay.

3. Each of the descriptions or images described in the judgment below, Gap 2-4, Gap 6-1-7, and Gap 7-1-15, which caused defects in the floor by the defendant's defective execution of civil and plant construction works.

The plaintiff's assertion is without merit, since there is no other evidence to acknowledge that the contract was concluded by the defendant to pay the construction cost when the plaintiff performed the defect repair work between the plaintiff and the defendant.

(B) (A) The plaintiff sought compensation in lieu of defect repair under the contract as a contractor, but as seen earlier, the defendant's failure to perform civil works and construction of a new factory, and as long as it is not recognized that there was a defect in the floor, the plaintiff's assertion on this premise is also without merit). 4. Accordingly, the plaintiff's claim of this case should be dismissed as it is without merit, and the judgment of the court of first instance should be so dismissed.