1. Of the part concerning the counterclaim of the first instance judgment, the payment order is ordered in excess of the amount ordered to be paid below.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On June 7, 2016, the Plaintiff engaged in the manufacturing of construction machinery and entered into a contract (hereinafter “instant contract”) with the Defendant who runs the construction business by setting the construction cost of KRW 500,500,00 (including value-added tax) and the construction period from June 9, 2016 to September 20, 2016, with respect to the construction of a maintenance plant for large-sized weather, cream maintenance (hereinafter “instant factory”) on the ground of the Plaintiff’s land owned by the Plaintiff (hereinafter “instant construction”).

The Defendant completed the instant construction work around September 5, 2016, and obtained approval for use on or around October 2016.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 and 2, and the plaintiff's assertion as to the claim of main claim for the purport of the entire pleadings as to the plaintiff's construction of the factory of this case where the ground is insufficient in the construction of the factory of this case, the defendant added concrete to the concrete and constructed concrete thickness less than the indication of the design drawing. Due to insufficient damp state after concrete building, and the error of construction through the life-long period, there were cracks and subsidences on the factory of this case. due to the defendant's error in construction, water leakage occurred in the factory of this case among the factory of this case and the rupture occurred on the date of the toilet of the office-dong toilet.

Therefore, the Defendant should pay to the Plaintiff the remainder of KRW 35,386,468 of the construction cost of this case, which is the sum of KRW 56,024,00 per ma concrete defect repair cost, KRW 1,870,00 of the defect repair cost of the factory operation operation, and KRW 5,734,000 for one month, which is the period required for the defect repair of the concrete of Mail, as a substitute for the defect repair, and KRW 63,628,628,00 of the construction cost of this case, and KRW 6,241,532 of the additional construction cost.

Judgment

Upon occurrence of liability for damages caused by defects in the construction of a concrete part, Gap evidence No. 3 and appraiser of the first instance court.