1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

On August 31, 2009, the Plaintiff entered into a contract for construction works with the comprehensive construction of new wind and wind, and the new construction works of the ground B of the Asan City (hereinafter referred to as the “instant factory”) with the construction cost of KRW 5,672,560,00 (excluding value-added tax), August 31, 2009, and six months from the commencement date of the completion plan (three months after the commencement of the factory 1 and 2).

As a result of the partial change of design, the Plaintiff entered into a contract on May 17, 2010 on the change of the construction cost of KRW 6,201,40,00 (excluding value-added tax) with the increase of the construction cost of KRW 528,840,00, and on May 17, 2010, and the date of completion as of July 10, 2010, respectively.

(hereinafter referred to as the “instant construction”). The completion of the instant construction and the payment of the construction cost are completed around June 2010. The instant construction was completed on the instant basis.

On October 25, 2010, the Plaintiff obtained approval for the use of the instant factory. At that time, the Plaintiff paid all the construction cost of KRW 6,821,540,000 (including value-added tax) under the instant construction contract to Defendant New Pung Total Construction.

Around July 18, 2011, Defendant New Pungs General Construction Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) entered into a performance guarantee insurance contract with the Plaintiff, the purchase price of the insurance, the insurance price of KRW 434,098,000, and the insurance period from July 11, 2010 to July 19, 2015 (hereinafter “the warranty insurance contract”).

On July 13, 201, at the time of the conclusion of the warranty insurance contract, the Minister of General Affairs of the Plaintiff prepared and issued to the Defendant Seoul Guarantee Insurance on July 13, 201 a written confirmation of defects (for the purpose of retroactive use of the insurance period) that “The fact that the present defect did not occur,” which is the time of the conclusion of the warranty insurance contract.

The Plaintiff of the instant plant’s foundation reinforcement work is below the ELS structure system, which was around January 2013 and around December 2014.