The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. On October 24, 2017, the Plaintiff: (a) requested D, who runs a building business in the name of “C”, to construct the building of the second floor E above ground (hereinafter “instant building”); and (b) started construction work of the instant building since that time.

B. After the completion of the construction of the instant building, the Plaintiff entered a water leakage and rooftop floor on the rooftop of the instant building around April 28, 2018, and according to the evidence A No. 1, the date and time of preparation of a written estimate on the rooftop floor construction between the Plaintiff and the Defendant is indicated as April 28, 2017. However, considering the commencement time of the construction of the instant building, it appears to be a clerical error on April 28, 2018.

Between the Defendant and the Defendant who runs a construction business under the trade name of “F”, concluded a construction contract on the rooftop floor with the content of the removal of the rooftop studs, by setting the construction cost as KRW 4,800,000.

(hereinafter “instant construction project”). C.

The defendant implemented the rooftop floor construction of the building of this case in accordance with the above construction contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply), purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff requested the Defendant to perform a rooftop waterproof construction work of the instant building, and the Defendant stated to the effect that it is possible to prevent rooftop erosion only with the instant construction works, and even after the instant construction works, water leakage phenomenon is continuing in the instant building.

Therefore, with respect to the above defects arising from the defendant's improper construction of the building of this case, the defendant shall pay the plaintiff the expenses 11,075,000 won for reconstruction of the rooftop waterproof construction and the rent of 12,90,000 won incurred due to water leakage and the solatium of 3,00,000 won for mental and physical distress suffered by the plaintiff as damages.