1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. 5% of the deposit rate for defects (including value-added tax) in the basic facts of construction, and the period of two years of warranty of defects - the defendant shall execute the construction in accordance with the drawings attached to the description of the E Vice-Minister on June 15, 2015.

- The number of existing asphalts shall be reduced to a level of 5 cm as ordered by the Plaintiff.

- - Scattering the asphalt prior to the package to ensure that no defects will occur in the future.

On June 16, 2015, the Plaintiff awarded a contract to the Defendant, who operates an Amcom package company with the trade name “B”, for access roads to a golf course in Busan-gun C (hereinafter “instant construction”). The main contents are as follows.

B. On June 23, 2015, the Defendant completed the instant construction work in accordance with the said contract.

C. However, around August 2015, some of the access roads at the end of the pertinent year was damaged (hereinafter “damage”). The Plaintiff demanded repair of defects to the Defendant on several occasions on September 2015, but the Defendant did not comply therewith.

On September 7, 2015, the Plaintiff notified the Defendant that “the Plaintiff completed the repair work of the access road through F, a construction business operator, on September 5, 2015, requesting the payment of KRW 7,700,000 of the defect repair cost.”

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. In performing the instant construction, the Plaintiff neglected to perform its duty of care by failing to comply with the direction of the Plaintiff, and thereby causing damage to the instant case. Since the Plaintiff disbursed KRW 4,400,000 for the repair of defects, the Defendant is obliged to pay damages to the Plaintiff KRW 4,400,00 and damages for delay.

B. The damage of this case by the defendant is due to the defendant's negligence in execution.