1. The Defendant shall pay to the Plaintiff KRW 33,719,40 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff is a company that performs the construction business of metal structures, and the Defendant is a company that performs metal design business, etc.

B. From the end of July 2016, the Plaintiff purchased aluminium pressure-invested materials equivalent to KRW 33,719,400 (hereinafter “instant materials”) from Allus Co., Ltd., and requested the Defendant to seal work at that time.

C. In the course of painting work, the Defendant conducted a pre-processing process for the instant material to the Plaintiff by dividing the instant material into a powder (the instant material is so that it is difficult to carry out a proper painting by dividing the instant material, and it can have a proper seal to have been carried out by the deep-doping method, which is to be stored in the pre-processing tank). Since it does not have sufficient construction level, there was no removal of foreign substance, and therefore, there was a defect such as circulation, capture, foreign attachment, gas monitoring, flow flow, etc. in the sealed product.

Accordingly, the plaintiff requested the defendant to repair the defects around August 2016, and the defendant performed the repair of the defects, but it became impossible to use the product produced by the defendant as it failed to remove the defects.

E. The instant materials are kept by the Defendant.

[Ground of recognition] Evidence Nos. 1 through 9, appraiser B's appraisal and inquiry result, the whole purport of the pleading

2. The assertion and judgment

A. The Plaintiff renounced the ownership of the instant materials and claimed damages equivalent to the purchase price, since it was impossible for the Plaintiff to use the instant materials due to the Defendant’s painting work.

B. The Defendant cannot be viewed as a defect since the defective quality generated from the instant materials is within the scope permitted from the painting work. Since all of the instant materials were not appraised, it cannot be recognized as a defect for the materials that were not appraised.

C. In full view of the appraisal results and the fact-finding inquiry results with respect to the appraiser, defects caused by the Defendant’s painting work are the materials of this case.