1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 3-1, 2, and 5-1 to 9-2, 12, 13, 15-1 to 4, Eul evidence 2, 30-1 to 31-1, 32-1 and 35 of evidence 30-1 and 32-1 to 35 of evidence 30, and the witness A, B, and C's testimony, the on-site inspection results of the court of the party court, and the purport of the entire arguments as a result of the commission of appraisal to Gap of the court of the first instance.

On September 28, 2012, the Plaintiff subcontracted construction work to the Defendant in the amount of KRW 73,700,000 for construction cost among the factory site construction works in Yangsan-dong 884 factory site construction works that he/she had contracted to the Defendant.

B. On October 31, 2012, the Defendant installed a reinforced soil retaining wall (hereinafter “the retaining wall of this case”) on the said factory site, and completed all subcontracted soil works on November 17, 2012.

C. The retaining wall of this case was collapsed on March 25, 2013.

(hereinafter referred to as the "first collapse") d.

Accordingly, the defendant, around April 3, 2013, repaired the first collapsed part, and 40,889,690 won was required at its expense.

E. On June 1, 2013, the retaining wall of the instant case collapsed another part that was not collapsed at the time of the primary collapse.

(B) Around June 4, 2013, the Plaintiff repaired the second collapsed parts, and 49,492,320 won was required at its expense.

2. The allegations by the parties and the determination thereof

A. The plaintiff asserts that the defendant did not perform his/her work and soil as a result of the construction of the retaining wall of this case. Since the defects of the retaining wall of this case caused the first and second collapses, the defendant is liable to compensate the plaintiff for damages equivalent to KRW 49,492,320 of the repair cost incurred by the plaintiff due to the second collapse.

In regard to this, the defendant's primary collapse is not more than the factory site owned by the Dogwon, a corporation adjacent to the retaining wall of this case.