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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant jointly owned C and D with E and solely owned shares after being transferred from E on May 2013.
B. Around 2010, Defendant and E entrusted F with a civil engineering work to create a site for the construction of a new house, and F was suspended while performing stone construction work after flat work.
C. On September 30, 201, between the Defendant’s agent G and E’s agent H, the Plaintiff entered into a contract for construction works with the soil work (i.e., cutting down soil, treating cruel soil, arranging sand), stone embankment works, retaining wall works, drainage works, and packing works, and (ii) the construction amount of which is KRW 215,00,000 (hereinafter “instant contract”). The Plaintiff completed the construction work around February 2012.
Since the Defendant started to flow out the soil of the area formed by the installation of the soil cutting plant from around the summer in 2012, and around June 2013, the Defendant requested the Plaintiff to perform the legal protection work, and the Plaintiff accordingly, the Plaintiff was in the form of covering a part of the legal surface and melting it until July 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. On June 2013, the Plaintiff asserted that the Legal Protection Corporation received a request from the Defendant as an additional construction work and claimed payment of KRW 11,50,000,000.
In this regard, the defendant asserts that the Corporation is not obliged to pay the construction cost because it is the defect repair work due to the defect in the construction of soil reduction devices agreed upon in the construction contract of September 30, 201.
B. 1) First of all, the issue of whether the legal aspect of the contract of this case includes the Protection Corporation, the following circumstances, i.e., whether the legal aspect of the contract of this case includes the Protection Corporation, can be acknowledged by considering the overall purport of the arguments.