1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On June 30, 2006, the Plaintiff is a limited company with the main purpose of building business on June 30, 2006, and Sejong Special Self-Governing City B above ground factories (hereinafter “instant factories”).

2) A new construction contract (hereinafter referred to as “instant contract”)

(2) Around June 2007, the Defendant entered into the instant plant with the construction cost of KRW 297,000,000, and the Defendant completed the construction in accordance with the said contract. While the upper part of the external wall location outer wall of the instant plant should be carried out externally, the upper part of the instant plant should be carried out with the outside inside of the lower part of the panel, the following defects (hereinafter referred to as the “instant defect”).

[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 5-2 and 4, appraiser C's appraisal result, the purport of the whole pleadings

B. 1) The Plaintiff, explicitly in lieu of the defect repair under Article 667 of the Civil Act, is claiming damages due to a contractor’s nonperformance under Article 390 of the Civil Act (see, e.g., preparatory documents of December 19, 2016). 2) In the event a contractor’s failure to perform his/her obligation under a contract causes physical damage to a contractor’s property, the contractor is liable for damages pursuant to the general principle of incomplete performance (see, e.g., Supreme Court Decision 2001Da70337, Aug. 20, 2004). According to the above facts, it is recognized that the defect of this case occurred due to the Defendant’s erroneous construction of the outer wall part of the sandbrid Panel, and barring any special circumstance, it shall be deemed that the Defendant, the contractor, is liable to compensate the Plaintiff for damages due to the nonperformance of such obligation.

3 3 Next, the appraiser C of this Court.