1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Defendant awarded a contract to Nonparty C with respect to the construction of a new building on the ground of two parcels outside Dacheon-si (hereinafter “instant construction”).

B. On May 17, 2014, the Plaintiff entered into a subcontract on the molding construction with the pertinent construction among the instant construction works, and accordingly, leased temporary materials (hereinafter “the instant temporary materials”) from M Korea System Co., Ltd. and performed the said molding construction.

C. On August 1, 2014, the Defendant was notified of the corrective order and the suspension of construction (hereinafter “instant order to suspend construction”) by the Pocheon Market on the ground that the Defendant violated the Building Act, including unauthorized construction of the fifth floor housing, in the process of the instant construction work.

On August 22, 2014, the Defendant corrected the violation of the Building Act and submitted the completion report to the Macheon City Mayor, and the construction of this case was resumed.

The Plaintiff was unable to recover the temporary materials of this case invested in the instant mold from August 1, 2014 to August 22, 2014, which was suspended from the instant construction. As such, the Plaintiff was obligated to pay additional rent for the temporary materials of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 5, fact-finding inquiry results by the court of first instance on the so-called market, the purport of the whole pleadings

2. The assertion and judgment

A. Since an illegal building was ordered to suspend the construction of this case according to the direction of the defendant alleged by the plaintiff, the plaintiff was obligated to pay additional rents because the plaintiff failed to recover the temporary materials put into the construction of this case.

Therefore, the Defendant is obliged to pay the Plaintiff damages equivalent to the total sum of the temporary materials rent of KRW 16,490,600 and damages for delay incurred by the Plaintiff due to the Defendant’s tort as above.

B. The above facts of determination and the evidence presented by the Plaintiff alone are deemed to have committed tort, such as ordering the Defendant to construct illegal construction regarding the instant construction work.