1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff removed the old building on the third floor size of the third floor on the ground located on the land of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and completed the construction of a new building on the second underground floor and the fourth floor size on the ground (hereinafter “Plaintiff building”) from November 21, 201, and completed the construction on December 13, 2012.

B. Nonparty B owned a Gu building with the size of 350 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, which is adjacent to the said land owned by the Plaintiff, and the size of 20 square meters in D, and 3 square meters in its ground. From June 2012, Nonparty B concluded a contract with the Defendant on the construction of a new building with the size of 2nd and 13th above ground on the site of the Gu building (hereinafter “the instant construction”). From November 5, 2012, Nonparty B and the Defendant entered into a contract with the Defendant for the construction of a new building with the size of 2nd and 13th above ground (hereinafter “the instant construction”).

After entering into the said contract, the Defendant completed the instant construction before December 9, 2013.

C. Meanwhile, after the Defendant completed the instant construction and completed the construction, there was damage caused by a defect in the contaminated part by attaching concrete scatterings, paints, etc. to the outer wall of the Plaintiff’s building, and the external shock.

On the other hand, with respect to the parts contaminated by concrete scatterings, among the parts affected by the plaintiff's outer walls, it is necessary to perform electric treatment work and crating work together with water cleaning, and with respect to the parts damaged by external shocks, repair work is required to be newly manufactured and installed after removal of the board on the outside vision. The costs required for each repair work are 48,950,000 won in total.

[Ground of recognition] A without any dispute, Gap evidence 4, 14, Eul evidence 2, 5, and 6, each of the statements or images, the result of the appraisal by the first instance appraiser G, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant incurred damage to the Plaintiff’s building adjacent to the instant construction site while performing the instant construction work.