1. The Defendant’s KRW 33,66,308 as well as 5% per annum from August 19, 2015 to May 16, 2017 to the Plaintiff.

1. Basic facts

A. On February 11, 2014, the Plaintiff awarded a contract to the Defendant for a swimming pool construction work in Seosan City B (hereinafter “instant construction contract”) and the main contents of this contract are as follows.

1. Name of construction: Seosan C swimming pool construction;

2. The construction site: Simsan B; and

3. Date of commencement: February 11, 2014.

4. Date scheduled for completion: March 31, 2014.

5. Contract amount: 145,00,000 won: Value-added tax of 145,000,000 won: 14,50,000 won.

6. The rate of penalty for delay: 1/1,000.

7. Period of warranty of defects: Two years, and the rate of deposit (3/100).

B. The Defendant completed the construction contract under the instant construction contract, and the Plaintiff fully paid the Defendant the construction cost of KRW 159,500,000 according to the instant construction contract.

C. The Plaintiff had a rupture on the wall of a swimming pool in which he/she operated his/her business with the above swimming pool, and there was a water leakage phenomenon on the building.

(The time when the above phenomenon is confirmed is not clear, but it appears to be true that it occurred before November 20, 2014 according to Gap evidence No. 4. [The grounds for recognition]] The fact that there is no dispute, the entries in Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Summary of the cause of the claim;

A. The Defendant is liable to compensate the Plaintiff for expenses incurred in repairing 41,770,071, since the cracks and water leakage phenomenon generated from the wall of the swimming pool in question in lieu of defect repair falls under a serious defect.

B. Since it is anticipated that the defect repair work will take 60 days of the claim for compensation for temporary closure damage, the defendant must compensate the plaintiff for business damage 26,385,817 arising from the temporary closure during that period.

3. Determination

A. In full view of the entirety purport of the pleadings as a result of the appraisal conducted by 1 appraiser D regarding the claim for damages in lieu of defect repairs, ① water leakage occurs in the pool of this case and the feet inside and outside the body, ② the feet due to such water leakages.