1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff entered into a contract with the Defendant on October 20, 2012, with respect to the waterproof construction of the entire housing of this case, outer wall cover construction works, indoor painting construction works of the second floor, and inner ceiling repair construction works (hereinafter “instant construction works”) from November 1, 2012 to November 4, 2012, with regard to the water leakage in the building located in the building of the Dong-gu Busan Metropolitan City C Housing (hereinafter “instant housing”).

Around that time, the Defendant completed the instant construction, and the Plaintiff paid KRW 3 million out of the construction price to the Defendant, and paid the remainder KRW 400,000 to the Defendant.

B. Around May 2013, water leakage occurred in the instant house, and the Defendant, upon the Plaintiff’s request, repaired the outer maternal wall part as a practical container around April 2014, but the water leakage occurred again in around 2014.

On May 23, 2015, the Plaintiff paid 400,000 won to the Defendant for a definite answer to complete the repair work upon paying the remaining construction cost of KRW 400,000,000, and the Defendant repaired the part of the rooftop waterproof construction around August 2015.

C. Subsequent to that, water leakage continued, and the Defendant continued to request the Plaintiff’s repair work.

Ultimately, on October 7, 2015, the Plaintiff entered into a contract with D, which is another construction business operator, and with respect to remodeling construction including waterproof construction of the instant housing, with the construction cost of KRW 2.6 million (one million shall be paid at the time of commencement, and the remainder of KRW 1.6 million shall be paid after checking that water leakage does not occur even at the Ycheon City), the construction period from October 9, 2015 to October 16, 2015, and the construction was completed around that time (hereinafter “instant remodeling construction”).

On October 10, 2015, the Plaintiff paid KRW 1,00,000 to D as the construction cost, and after confirming that the leakage did not occur, paid the remainder KRW 1,60,000 on February 13, 2016.

[Ground of recognition] Unsatisfy, A1, 2 evidence, and .