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

The plaintiff's claim against the defendant is dismissed.

The plaintiff.

1. The Plaintiff filed the instant lawsuit against the Defendant and the co-defendant B of the first instance court. On November 13, 2018, the first instance court rendered a judgment citing both the Plaintiff and the co-defendant B’s claim against the Defendant and the co-defendant B.

As to this, the Defendant and the Co-Defendant B of the first instance trial appealed on November 27, 2018. The Co-Defendant B of the first instance trial did not appear on the first and third dates for pleading, and the Plaintiff’s attorney did not present on each of these dates for pleading against Co-Defendant B of the first instance trial. Since Co-Defendant B of the first instance trial did not file an application for designation of date within one month, the appeal filed by Co-Defendant B of the first instance trial is deemed to have been withdrawn (see Article 268(4), (2), and (1) of the Civil Procedure Act). Therefore, the part on the appeal by Co-Defendant B of the first instance judgment against the Defendant of the first instance trial (hereinafter “B”) is finalized, and the subject of adjudication by this court is limited to the Plaintiff’s claim against the Defendant.

2. Basic facts

A. The Defendant is the owner who obtained permission for new construction of the five-story building (hereinafter “instant building”) on the land owned by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government during the construction period from October 1, 2016 to April 30, 2017, on the land owned by the Defendant.

B. On September 27, 2016, between the Defendant and the limited liability company E (hereinafter “E”), a contract for the construction of the instant building was concluded with the owner of the building, the E, and the construction period from September 20, 2016 to April 20, 2017; and the contract amounting to 668,000,000 won of the contract amount (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 5 (Site Representative) (1) “B” (the “E” refers to the work executor, hereinafter the same shall apply) shall appoint a field agent before the commencement of the construction and notify “A” (the “the owner” is referred to as the “Defendant”; hereinafter the same shall apply) thereof.

(2) On-site agents shall reside at the construction site and "B" shall be construed as "on-site agents" for all matters concerning construction.