1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 5, 2002, the Plaintiff concluded an agreement with the Defendant to change the construction cost of the instant subcontract to December 20, 207, with the construction cost of KRW 26,177,030,00 (including value-added tax) and the construction period from March 5, 2002 to May 27, 2005 (hereinafter “instant subcontract”). Thereafter, the Plaintiff and the Defendant agreed to change the construction cost of the instant subcontract from KRW 21,689,910,00 to December 20, 207.

B. Afterwards, among the instant construction works, the defects of d bargaining deviations and astronomicc greens related to reinforced concrete construction works of the conduit tunnels and the scke tunnels (hereinafter “instant defects”). On August 9, 2013, the Defendant filed a claim against the Plaintiff for the repair of the said defects.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including attachment of provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is not due to the Plaintiff’s fault in construction, but due to the defect of materials, such as steel bars, ready-mixeds, cement, etc. provided by the Defendant, or the direction of the construction supervisor by the Defendant’s agent, and thus, the warranty against the defect cannot

or exemption from liability.

B. When there is a defect in the completed or completed part of a contract for work, the contractor may request the contractor for the repair of the defect within a reasonable period fixed, or claim damages in lieu of or together with the repair of the defect (Article 667 of the Civil Act). Article 667 of the Civil Act on the warranty against defects of the contractor constitutes strict liability recognized by the law.

Provided, That when the defects of the object are due to the nature of the materials provided by the contractor or the direction of the contractor, the contractor shall be the contractor.