1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On October 2016, the Plaintiff (C company) was awarded a contract with D as of December 24, 2016, for the construction of 55.38 square meters of the E’s private housing (hereinafter “F Dong”) and Yellow Land 13.85 square meters (hereinafter “G Dong”) for the construction of new construction of the instant building (hereinafter “new construction of the instant case,” and the said Fdong and G Dong together referred to as “instant building”) at the same time as the contract price of KRW 90 million, the completion date of the construction, and the completion date of the construction of the instant building.

B. On December 5, 2016, the Plaintiff subcontracted part of the instant new construction works to Defendant (H company) for the cost of construction KRW 18 million, on the ground that there is no dispute between the parties that the instant new construction works are included in the scope of subcontracting works, but on the other hand, there is a dispute over the other construction works and the floor construction works. As such, the Plaintiff subcontracted the instant new construction works to Defendant (H company) at the cost of construction KRW 18 million.

(hereinafter referred to as “instant subcontract”). (c)

The Plaintiff’s construction price under the instant subcontract is KRW 3 million on December 16, 2016, KRW 4 million on December 31, 2016, KRW 3 million on December 31, 2016, and KRW 3 million on January 15, 2017; and

1. A total of KRW 15 million was paid on 27.5 million.

In the course of the lawsuit of the first instance court of this case where water leakage from rain entering into the Fdong roof construction site due to the defect repair/reconstruction of the Fdong roof construction site caused defects, the Defendant carried out the actual container repair work, and thereafter, the part of the G Dong roof construction was not partially constructed, and the part of the existing part of the reconstruction project is not constructed, and the part of the existing part of the reconstruction project is not attached to the rest of the toilet container for the reconstruction project, and the part of the existing part of the reconstruction project is removed, and the floor room construction works and the floor flood control works are installed by opening the apartment room construction

D. The defects of non-construction, etc. (hereinafter “instant defects”) occurred in the part of the instant building as follows, and accordingly, the defect repair and reconstruction of the instant defects were completed as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 11-1 to 4, Eul evidence 1-1, 2, and Eul evidence 12.