1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 12, 2016, the Plaintiff entered into a construction contract with Defendant B on the new construction of the taxi cycle on the ground D-based Seoul Metropolitan City, Seoyang-gu.

From April 12, 2016 to December 12, 2016, the construction period of construction amount of 670 million won (excluding value-added tax) (excluding value-added tax).

B. Defendant B paid 100 million won to the Plaintiff on April 14, 2016.

C. On June 22, 2016, Defendant B notified the Plaintiff of the cancellation of the instant contract on the grounds of defective construction works, delay of construction works, etc.

Defendant B filed an application for preservation of evidence with this Court on July 1, 2016.

In this application, the appraisal of retaining wall was made, the total construction cost of 245,623,072 won, and the defect repair construction cost of 14,638,765 won.

A 10, B 22, hereinafter referred to as "the primary appraisal".

[Evidence No. 1 to 4, No. 10, No. 22 of the Grounds for Recognition, the purport of the whole pleadings, and the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the first appraisal, the contract amount for the whole construction of a retaining wall is 245,623,072 won, and 66.42.42% of the base height is 163,142,84 won.

Defendant B is obligated to pay to the Plaintiff the amount payable to the Plaintiff 48,504,079 won (163,142,844 won - advance payment of KRW 100,000,000 - the cost of repairing defects construction 14,638,765 won) and damages for delay.

B. Defendant C jointly and severally guaranteed the instant construction contract for Defendant B.

3. The defendant's assertion

A. The main claim is that the part constructed by the Plaintiff is not safe and must be reconstructed after the removal. Thus, Defendant B is not obliged to pay the construction cost for the completed portion of the Plaintiff.

B. According to the appraisal by the conjunctive appraiser E, the period of the Plaintiff’s construction work is KRW 118,203,067; the cost of land recovery is 12,492,613; and the cost of reconstruction is 226,420,762.

Since advance payment of KRW 100,00,000 paid by the Defendant, and liquidated damages of KRW 45,00,000 due to the delay of construction, Defendant B has no obligation to pay construction expenses to the Plaintiff if they are fully deducted from the aforementioned base amount of KRW 118,203,067.

4. Determination

(a) appraiser E’s appraisal;