1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff has been engaged in the housing repair and facility business with the trade name C.

On April 20, 2014, the Plaintiff was awarded a contract from the owner of the above villa for the construction of a villa on the land located in Gyeonggi-gun D (hereinafter “instant construction”).

B. The Defendant, at the request of the owner of the above villa on May 13, 2016, carried out concrete installation works using pumps. In the construction site of this case, part of the concrete was prevented from flowing into the drain pipe, which was already installed by the Plaintiff in accordance with the said construction contract.

C. On July 13, 2016, the Plaintiff discovered the discharge of sewage in the process of completing the construction work at the time prior to the completion of the construction work for the above villa and checking whether the discharge of sewage becomes smooth by cleaning the interior of the new villa, and became aware of the discharge pipe’s escape.

The plaintiff removed the drain pipe, and then reconstructed 6,443,00 won at its expense.

[Reasons for Recognition] The descriptions or images of Gap evidence Nos. 1 through 11 (including paper numbers), the testimony of the witness E of the first instance trial, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the defendant is liable for damages equivalent to KRW 6,443,00 for the damages caused by the defendant's tort, barring any special circumstance, (i) the defendant is liable for compensating the plaintiff for the damages caused by the defendant's tort, (ii) although the defendant is not the plaintiff's building owner's fault, the defendant's error in construction of the defendant's concrete building has occurred before the plaintiff completed the construction work and delivered it to the building owner.