1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 7, 2008, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for a contract with the Defendant setting the construction cost of KRW 100 million and the construction period from March 5, 2008 to May 25, 2008 (hereinafter “instant construction contract”) with respect to the new construction work of four Dong-guns (hereinafter “instant stable”).

B. Around March 2008, the Defendant commenced the instant construction. Around May 13, 2008, the instant stable had undergone a pre-use inspection from the competent authority.

By August 20, 2009, the Plaintiff paid the Defendant a total of KRW 15 million as the construction price.

C. The Plaintiff used a quotation at the time of the contract of this case and other materials.

According to the appraisal conducted in this case, an appraiser D filed an application for appraisal that caused defects to the livestock shed in the course of construction without construction or defective construction. According to the appraisal conducted, it appraised that the 32,948,510 won (excluding value-added tax) and 10,296,00 won (excluding value-added tax) are required for reconstruction costs after removing some of the materials among the livestock pens of this case.

The Plaintiff applied for re-appraisal on the ground that the said appraiser unfairly applied the criteria for calculating the cost of repairing defects, and based on the result of re-appraisal conducted accordingly, the appraiser E appraised that there is a defect in the roof of the instant stable, and that it requires 46,543,839 won for reconstruction costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, and 6 (including each number, if any; hereinafter the same shall apply), appraiser D, and E's each defect appraisal result, the result of each request for the supplementation of the appraiser D by this court, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 was that it is difficult to secure strongness due to corrosion of mollium, which is the roof materials of the instant stable, and that there was a defect that might collapse due to lectures and strong wind, which is likely to occur.