1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On June 1, 2014, the Plaintiff was awarded a contract with D for a bath of “A building” (hereinafter “instant bath”) of the “A building located in the Yeong-gu Seoul Metropolitan Government E (hereinafter “instant bath”) at KRW 729,300,000 (including value-added tax).

B. On June 23, 2014, the Plaintiff subcontracted the instant bath construction to the Defendant at KRW 46,000,000 of the construction cost (including value-added tax) during the instant bath construction (hereinafter “instant construction”). Meanwhile, the Plaintiff subcontracted the instant bath construction work to New Co., Ltd. during the instant public bath construction.

C. The Plaintiff paid only 15,000,000 won out of the above construction cost to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 and 12 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion failed to perform the instant construction properly, resulting in water leakage in the instant bath.

D shall have deposited KRW 130,000,000 for the removal and waterproofing of the instant bath, stone, sacrine, and sacrine room construction in October 7, 2014. However, among the above construction cost, KRW 53,00,000 shall be paid to B, etc. instead of paying the Plaintiff the amount equivalent to the above amount out of the construction cost of the instant bath, and KRW 77,000,000 for the remainder of the construction cost shall be paid directly by the Plaintiff to B, etc., and the Defendant shall pay the Plaintiff the amount of KRW 130,000,000 and delay damages therefrom as damages for nonperformance.

On the other hand, since the defects in the construction of drainage pipes in the water leakage of the public bath of this case were one cause, the defendant should pay the above money to the plaintiff jointly with the new public bath of this case.

B. In full view of the overall purport of the pleadings and videos of evidence Nos. 1, 2, 3, 6 through 10, 16, 17, and 19 (including all of them; hereinafter the same shall apply), the Defendant is on the ground that the 2nd public bath of this case and the interior walls and floors of the 3rd public bath of this case.