1. The Defendant’s KRW 38,846,50 for the Plaintiff and KRW 5% per annum from July 9, 2016 to February 2, 2018.

1. Facts of recognition;

A. On October 29, 2015, the Plaintiff purchased the land for factory C (hereinafter referred to as “instant land”) and the above-ground buildings (hereinafter referred to as “instant building”) from the Defendant in Si interest, with the price fixed at KRW 11,00,000,000.

B. On March 18, 2016, the Plaintiff concluded a contract with D Co., Ltd. (hereinafter “D”) on the instant building and the instant land by setting the construction cost of KRW 132,00,000 (including surtax; hereinafter “instant removal construction”) for the removal of floor and concrete and the removal of waste within the instant land (hereinafter “instant removal construction”).

C. On April 2016, D, while carrying out the removal construction of the instant land, construction waste consisting of concretes on the underground surface of the instant land (hereinafter “instant underground waste”) was discovered. D.

The Plaintiff planned to construct the instant building on the instant land. However, on April 12, 2016, the implementation of basic construction works, etc. was interrupted due to the existence of the instant underground wastes, the Plaintiff concluded a contract with D on April 12, 2016 for construction cost of KRW 55,495,00 and the construction period from April 13, 2016 to April 20, 2016. The Plaintiff paid the amount equivalent to the said construction cost after completion of the instant additional construction works.

【Ground of recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap 1 through 7 (including virtual numbers)

2. The parties' assertion and the issues of this case

A. The Plaintiff asserted that, since the instant underground wastes sold by the Defendant were buried in the instant land and were not in the quality or condition expected to be ordinarily equipped with the subject matter, the Defendant is obligated to pay 5,495,000 won and damages for delay, which are equivalent to the expenses incurred in removing the instant underground wastes according to the warranty against defects, the Defendant is obligated to pay the Plaintiff the volume of the instant underground wastes and the damages for delay.