1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) newly constructed a hotel (hereinafter “instant hotel”) on the ground of Busan Shipping Daegu C, Busan, and sold the number of units of the hotel, and the Defendant is a contractor of the instant new hotel construction (hereinafter “instant construction”) and the Plaintiff is entrusted with the management and operation of the instant hotel from the sectional owners of the instant hotel.

B. On September 22, 2005, B entered into a contract with the Defendant for payment of the instant construction cost of KRW 85,538,272,30 (excluding value-added tax) and the construction period of the construction period of KRW 35 months from the date of commencement. The signs and main text of the contract prepared at the time are as follows:

Marks

6. Period of warranty liability: The main sentence of Article 30 (Defect Security) of the main sentence of two years after completion of construction work.

C. After that, the Defendant completed the new hotel construction work of this case, and on April 26, 2007, approved the use of the hotel of this case.

On November 26, 2014, the Plaintiff concluded a contract with D for the repair of defects in the guest room of the instant hotel, but failed to comply therewith, and paid KRW 107,448,00,00, and the material price of which was KRW 7,950,580. On August 2, 2010, the Plaintiff filed a lawsuit in the instant case seeking payment of KRW 197,798,920 in total to the Defendant, asserting that “The Plaintiff entered into a contract for the repair of defects in the guest room of the instant hotel,” stating that “The Plaintiff entered into a contract for the repair of defects in the guest room of the instant hotel, and subsequently paid KRW 66,00,00,000, and the material price of KRW 16,40,340, respectively, on February 6, 2012.”

E. On June 9, 2015, B transferred all rights, such as the right to claim for repair of defects and the damage claim in lieu of repair of defects, to the Plaintiff, and sent a notice of assignment to the Defendant on the same day.

F. On July 3, 2015, the Plaintiff from B in this case.