1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 40,445,00 and KRW 5,445,00 among them.

1. The court’s explanation concerning the instant case is to delete the fifth and fifth parts of the judgment of the first instance, and it is identical to the description of the reasoning of the judgment of the first instance, in addition to changing the 10th through 11th part as follows. Thus, the court’s explanation concerning the instant case is to accept the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Article 18(1) of the General Conditions of the Construction Contract of this case provides that the defendant shall deposit the warranty bond or the warranty bond to the defendant until the plaintiff is paid the construction price after the completion inspection. However, since the defendant does not deposit the warranty bond or the warranty bond, the defendant has the right to request the plaintiff to deposit the warranty bond or the warranty bond. Further, Article 18(3) of the General Conditions of the Construction Contract of this case provides that the plaintiff shall vest the warranty bond in the defendant when the plaintiff refuses to comply with the request of the defendant during the warranty period. However, since the defendant did not comply with the request of the defect repair from the plaintiff, he has the right to request the plaintiff to pay the warranty bond under the agreement to vest the warranty bond. Thus, the defendant has the right to request the plaintiff to deposit the warranty bond of this case with the above bonds or the warranty bond of this case. Accordingly, the defendant shall set the warranty bond of this case to set the warranty bond of this case until the completion inspection of the construction contract of this case, and the amount of the warranty bond of this case x KRW 18(1) and 500 million (30 million won).