1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserts that the instant claim is the cause of the claim, and that the Plaintiff sought KRW 100 million from the non-party company Kim Jong-si Construction Co., Ltd. (hereinafter “non-party company”) to pay KRW 100 million, out of the claim for the construction cost of the new construction cost of the new construction cost of the previous construction cost of the Gopo-si, Gopo-si, Kimpo-si.

In regard to this, the defendant's damage claim in lieu of the defect repair against the defendant's non-party company, and if set off against the non-party company's claim for the construction payment against the defendant, the non-party company's claim for the construction payment against the defendant will not remain. Rather, the non-party company bears the damage liability

2. Determination

A. According to the Seoul Southern District Court Decision 2015Na11236 (principal lawsuit), 2016Gahap109247 (Counterclaim against the non-party company in lieu of defect repair) (the case where the non-party company filed a counterclaim against the defendant in lieu of the claim for the payment of unpaid construction costs) as related final judgment cases, the defendant contracted the non-party company with the non-party company on September 19, 2014 with the construction cost of 3,730,000,000 won (including value-added tax) for the construction of a new automobile repair shop on the 727th ground of Kimpo-si, Jeonpo-si, Kimpo-si, Kimpo-si (Seoul High-si), and then changed the construction cost of 4,070,000,000 won (including value-added tax) on June 4, 2015 to the non-party company with the construction cost of 4,070,000,000 won (including value-added tax).)