A. On August 23, 2011, the Plaintiff: (a) contracted the Defendant with the construction of the HawonCC at 1-139 Hawon-si, Gowon-gun, Gangwon-do (hereinafter “instant building”); (b) the Defendant completed the instant building on May 30, 2012.

B. On August 8, 2013, when there were defects such as water leakages in the first and second floors of the instant building and the floor cracks of the rooftop floor, the Plaintiff sent a public notice to the Defendant for the repair of the said defects. Around August 8, 2013, the Defendant recognized the said defects and performed a repair work (hereinafter “the first repair work”). C. After the said repair work, there was leakages and cracks, etc. again at the location where the repair was sought on April 6, 2015, and the Plaintiff again requested the repair of the defects. The Defendant again demanded the repair of the defects, and the Defendant sent a public notice to the Plaintiff stating the construction plan, etc. for the causes of water leakage, etc. and the repair of the defects (hereinafter “the second repair work”).

However, even after the second repair work, there was a defect such as leakage and rupture again at the same location. On July 11, 2017, the Plaintiff demanded the Defendant to repair the defect, but the Defendant did not comply with this.

[Ground of recognition] Facts without dispute, entry of Gap 2 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion against the Defendant as the contractor is seeking damages in lieu of the repair of defects arising from the Defendant’s fault in the execution of the instant building.

As to this, the Defendant asserted that the warranty period under the Framework Act on the Construction Industry and the Enforcement Decree thereof under the construction contract of the instant building is five years, and that the warranty period has expired after five years from May 30, 2012, which is the completion date of the said construction work, the Defendant did not have the warranty period.

B. We examine the judgment, and the contract on the new construction of the building of this case.