1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. In the first instance court, the Plaintiff sought the return of the construction cost, the repair cost, and the delayed consolation money against the Defendant. The first instance court accepted the claim for the return of the construction cost among them, and dismissed the claim for the payment of the repair cost and the delayed consolation money.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim for the return of the above construction cost.

2. Facts of recognition;

A. The Plaintiff is a resident of Seodaemun-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”).

B. On May 17, 2018, the Plaintiff concluded a water leakage detection contract (hereinafter “instant contract”) with the Defendant who is engaged in artificial fishery in the name of “E” and paid in full the construction price to the Defendant on the same day.

The contents of the instant construction contract include a special contract under which the Defendant discovered water leakage of the instant apartment and confirmed its cause and provided it to the Plaintiff, and where water leakage is confirmed, the construction contract was concluded separately, but if water leakage is not found, the full amount of the construction cost shall be refunded.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 and 17, the purport of the whole pleadings

3. Judgment on the plaintiff's assertion

A. The plaintiff's assertion was made pursuant to the construction contract of this case, but the defendant did not find water leakage detection of the apartment of this case, but did not find water leakage properly. During that process, the defendant did not take any measures for recovery in spite of the plaintiff's failure to remove the scam gas bags from the scambling site without the plaintiff's consent, thereby damaging the two sides of the floor, the s

Therefore, the defendant is obliged to return the construction cost of KRW 1,650,000, which has been paid to the plaintiff in full if the plaintiff is not able to find a water source.

B. In the event that the Defendant did not find any arbitrator of the instant apartment, the Plaintiff.