1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 2010, the Defendant ordered construction of an ecological corridor development project (hereinafter “original construction of this case”) with respect to the instant original construction works located in Busan Northern District, and entered into a construction contract with the Plaintiff at KRW 545,684,050 (hereinafter “instant original construction contract”).

B. On August 11, 2010, the Plaintiff entered into the instant subcontract agreement with the Yangjin Construction Co., Ltd. (hereinafter “instant subcontract agreement”) by setting the construction cost of KRW 262,900,000 for the instant construction works among the instant construction works (hereinafter “instant construction works”).

C. The construction cost of the instant prime contract was KRW 726,540,000, and the construction cost of the instant subcontract was increased to KRW 390,000,000, respectively, and each of the said construction works was completed on June 11, 201, which was finally agreed upon through each modification contract, and the inspection for use was completed on June 13, 201.

On September 16, 2012, the aforementioned pre-use inspection: (a) left the construction site of the instant construction project due to the impact of typhoons, and (b) on the same day, part of the retaining wall of the completed part of the instant construction of the instant construction project was collapsed and earth and sand flowed; and (c) on May 22, 2013, the Defendant sent to the Plaintiff an official document demanding the Plaintiff to repair the collapse of the retaining wall of the reinforced earth and sand.

E. The Yangjin Construction Co., Ltd. completed the construction of the collapse repair works of the retaining wall of the above reinforced soil, which requires KRW 127,050,000 as the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff and the Defendant agreed to repair defects on the part of the contractor when the causes for the collapse of the retaining wall of this case were revealed to be defects in the construction process, and the Defendant agreed to bear the construction cost if they were revealed to be natural disasters. At the request of the contractor, the measures to identify the causes of the collapse of the retaining wall of this case and reinforce them.