1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 105,497,913 and its interest thereon from March 11, 2020 to the date of full payment.

1. Facts of recognition;

A. On July 11, 2016, Plaintiff A entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the content that the Defendant Co., Ltd will receive KRW 374,00,000 on the appurtenant work in E and nine parcels (hereinafter “the appurtenant work in this case”). Defendant D is the representative director of the Defendant Co., Ltd.

B. On April 13, 2018, Defendant Company subcontracted Nonparty F’s construction of reinforced earth retaining wall (hereinafter “the retaining wall of this case”) among the instant appurtenant construction (hereinafter “the retaining wall of this case”) to Nonparty F in an amount of KRW 69 million (a separate value-added tax).

(c)

Plaintiff

A paid to the Defendant Company KRW 30,00,000 on April 19, 2018, KRW 30,000 on May 25, 2018, and KRW 32,960,00 on June 15, 2018.

(d)

On June 2018, the retaining wall construction of this case was completed on the land, such as Ethcheon G, etc., and there were defects, such as the escape of block, refrating materials, refrating, erosion, rupture, water leakage, etc., on the constructed retaining wall.

Due to such defects, it is not sufficient to repair the parts of the retaining wall of this case where the function of the retaining wall of this case has been deteriorated, the whole removal of the retaining wall of this case where the defect has occurred, and the retaining wall of this case should be re-construction. The removal cost is 27,481,00 won, and the removal cost is 78,016,909 won.

[Evidence of Evidence: Evidence No. 1, 2, 3, 5 through 14 (including branch numbers; hereinafter the same shall apply), Evidence No. 1, and the video of Evidence No. 1, and the result of appraiser H’s appraisal and the purport of the whole theory of changes]

2. Judgment on the parties' arguments

A. According to the above facts as to the plaintiff Gap's claim against the defendant company, the defendant company, which is the supply and demand of the retaining wall construction of this case, is damages in lieu of the repair of the defects occurring in the retaining wall of this case, and thus, the plaintiff company was the defendant (=27,481,04 costs of reconstruction, 78,01,04 costs of reconstruction, 909 costs) and the defendant.