1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. On April 30, 2010, the Plaintiff received from C (hereinafter “C”) a supply of and demand for the construction of the factory building on the remaining-gu D land and 15 lots of land, south-gu, Seoul, as a factory site, to construct the factory site and construct the factory building on that ground (hereinafter “instant construction”).

B. On May 19, 2010, the Defendant: (a) determined the contract amount of KRW 737,000,000 (additional tax separately); (b) the contract period from May 19, 2010 to October 29, 201; and (c) completed the instant construction.

C. On July 16, 2013, C filed a lawsuit claiming compensation for damages in lieu of defect repairs on the ground that there was a defect in the distribution of retaining wall of the reinforced soil to the instant construction, etc., with the Daegu District Court Branch Branch Office 2013Gahap1346, and the Plaintiff filed a counterclaim claiming payment of construction price with C as the same court 2013Gahap1940 on the same day.

In the above lawsuit, the damages amounting to 111,780,00 won due to the defect in the distribution of the retaining wall of the reinforced soil during the construction of this case, the damages amounting to 2,571,00 won due to the rupture defect in the retaining wall of the reinforced soil, and the damages amounting to 3,946,00 won due to the rupture defect in the retaining wall of the reinforced soil was set off by the plaintiff's claim for construction payment, and the judgment was rendered in favor of part of the plaintiff's counterclaim claim.

On the other hand, the plaintiff and C appealed, and the appellate court (Seoul High Court 2015Na3588, 2015Na3595 (Counterclaim)) limited the amount of damage claim C to 90%, set off the amount of damage claim C from the plaintiff's claim for construction cost. The above appellate court's judgment did not appeal both the plaintiff and C, which became final and conclusive as it is.

[Reasons for Recognition] Facts without a dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The contractor completed the relevant legal doctrine regarding the occurrence of liability for damages.