Of the judgment of the court of first instance, the plaintiff 613,673,755 won and its related amount from December 6, 2018 to January 20, 2021.

The court of first instance only 652,727,804 won out of the Plaintiff’s claim amount, and the remainder of the claim was dismissed. The fact that the Defendant appealed the sum of damages for the following defects and the amount of delayed damages is obvious in the record.

Therefore, the subject of this Court's adjudication is limited to the damages claim against the defective parts appealed by the defendant.

Basic Facts

The Plaintiff is a contractor (project owner) who newly constructs five units of five units of five units of five units of five units of five units of five units of five units of five units of five units of the apartment (the first floor and fifteen units of the ground) and sold the apartment of this case (hereinafter “the apartment of this case”). The Defendant is a contractor who constructed construction works of the apartment of this case.

On March 31, 2014, the Plaintiff and the Defendant concluded a contract for the construction of the instant apartment (hereinafter referred to as the “instant construction contract”) under which the Plaintiff entered into a contract with the Defendant to contract the construction of the instant apartment, setting the construction period of KRW 21.96 billion from May 1, 2014 to April 30, 2016, by setting the contract amount of KRW 21.96 billion (hereinafter referred to as the “instant construction contract”).

The apartment of this case was approved by the competent authority on April 8, 2016.

[Ground of recognition] The facts without dispute, Gap evidence 1, the existence of defects in the judgment on the claim for damages in lieu of defects in the overall purport of the pleadings, and there is no dispute over the cost of repairing defects, the appraisal by the appraiser D (hereinafter " appraiser") of the first instance court, the appraisal by the appraiser D of the first instance court on March 12, 2020, the appraiser of the first instance court on June 9, 2020, each of the supplementary appraisal commissioned on June 15, 2020, and each of the results of the correction commissioned on June 15, 2020, the purport of the whole arguments was that the defendant failed to construct the apartment of this case in accordance with the design drawings, etc., or constructed or constructed differently from the design drawings, etc., the apartment of this case as a result of the appraisal by the appraiser D of the first instance court on June 12, 2020.