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 January 5, 2010, the Plaintiff concluded a contract with the Defendant for the construction cost of KRW 200,000,000 (including value-added tax) and the construction period from January 5, 2010 to March 25, 2010, on the ground that “the construction works for the promotion project of the traditional funeral industry” (hereinafter “instant construction works”) was located on the ground of the 882 ground of the Dondong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant construction works”).

(hereinafter “instant construction contract”). B.

The details of the contractor's warranty liability among the instant construction contracts are as follows.

Standard contract agreement for construction works

7. Period of warranty liability: Article 21 (General Conditions of the Contract for Construction Works) (1) The defendant shall pay to the plaintiff, either in cash or a certificate falling under any of the following subparagraphs, after completion inspection, the amount calculated by multiplying the defect repair deposit rate set forth in the contract by the contract amount (hereinafter referred to as the "deposit for defect repair") and until the price for the construction work is paid:

1. Certificates from the Construction Mutual Aid Association;

2. Surety insurance securities. (2) The defendant shall repair all defects arising from the relevant construction works during the warranty period prescribed in the contract from the date of completion of the completion inspection;

Provided, That the same shall not apply where force majeure, such as natural disaster, or cause not attributable to the defendant occurs after the object of construction is delivered.

(4) The security deposit for defect repairs under paragraph (1) shall be refunded at the request of the defendant after the expiration of the period for warranty liability.

C. The Defendant completed the instant construction around February 20, 2010.

The Plaintiff paid 200,000,000 won to the Defendant as follows:

(1) The fact that there is no dispute over KRW 58,513,295 on March 24, 2010 (based on recognition), entry of evidence No. 3, and the purport of the whole pleadings, and the purport of the whole pleadings, of KRW 100,00 on February 3, 2010.

2. The parties' assertion

A. There are various defects in the instant construction project, such as the volume of drain water from the floor of the processing room, the high-quality height around the building, the water leakage in the office and the main stream room, Ui-type failure to perform construction.