1. The Defendant’s KRW 32,320,200 as well as 5% per annum from March 17, 2018 to April 22, 2020 to the Plaintiff.

1. Basic facts

A. Around August 2014, the Plaintiff, who was scheduled to operate a sobry and soup (hereinafter “the instant sobry”) with the trade name “D” from the 6 and 7th floor of the building C, Paju-si, concluded a contract with the Defendant for the instant sobry and the instant sobry and installation (hereinafter “instant construction contract”).

B. Around August 25, 2014, the Defendant commenced construction works and completed interior and construction works under the instant construction contract on or around January 25, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. Since the construction of the Plaintiff’s assertion that the construction of the instant case occurred due to the Plaintiff’s assertion, such as the spawn and water leakage on the instant Spawn, the Defendant is obligated to compensate the Plaintiff for damages in lieu of defect repair.

B. Defendant’s assertion 1) The Plaintiff filed the instant lawsuit after the lapse of one-year warranty period under the instant construction contract. As such, the Plaintiff’s claim for damages in lieu of the Plaintiff’s defect repair against the Defendant is unlawful as the Plaintiff’s claim is unlawful as it exceeds the exclusion period. 2) The defect alleged by the Plaintiff merely resulted from the structural problems of the existing building, not from the Defendant’s construction, but from the fact that the Plaintiff agreed to waive the claim for defect repair under the special agreement of the instant construction contract

3) Even if the Defendant’s liability for damages is recognized, the Defendant’s liability should be limited to a reasonable scope, as it is difficult to deem that the defect in the instant letter of credit was solely caused by the Defendant’s construction defect, such as the defect in the complex caused.

A. The period of warranty against defects of a contractor under the Civil Act is the exclusion period, which is the exercise period of a right other than a trial, and the release period for a judicial claim.