A. The status of the parties is a company established mainly for the purpose of procuring automobile parts and distributing logistics business, and Seocho Construction Plus Co., Ltd. (former trade name: Seo River Construction Co., Ltd.: hereinafter “Non-Party Company”) is a contractor that received a contract from the Plaintiff for new construction of logistics warehouses and office building from the Plaintiff, and the Defendant is a mutual aid association that guarantees the repair of defects for the above construction pursuant to the Framework Act on the Construction Industry.

B. On May 2, 2011, the Plaintiff entered into a contract for construction works with respect to construction works (hereinafter “instant construction works”) within a logistics warehouse (3 stories, 16,832.72 square meters on the ground) and an office building (4 stories, 3,497.69 square meters on the ground, hereinafter referred to as “each of the instant buildings”) located within the logistics site behind the Seocho-gu New Town-dong, Seoul Special Metropolitan City (136 Busan Special Metropolitan City; hereinafter the same shall apply) on May 2, 201, the construction period for the construction works (hereinafter referred to as “the instant construction works”) from May 4, 201 to December 31, 2011, the contract amount shall be 10,780,000 won (including value-added tax; hereinafter the same shall apply), the warranty bond rate of 3%, and the warranty bond period of the construction works shall be three years (hereinafter “the contract for the construction works”).

C. (1) On April 26, 2012, the Defendant entered into a contract for the warranty of defects with the non-party company; where the non-party company fails to perform the obligation for the repair of defects arising from each of the instant buildings, the Defendant shall enter into a contract for the warranty of defects that the Defendant shall pay to the Plaintiff, a guarantee creditor, the warranty liability amount within the scope of KRW 323,400,000 (hereinafter “instant warranty contract”).

(2) The main contents of the instant guarantee agreement are as follows: (a) a warranty agreement under the instant guarantee agreement was concluded with the non-party company (Guarantee Number: 2012000080337).

Article 1 (Guarantee Liability) The defendant shall be liable within the warranty period after the contractor (foreign company) has undergone a pre-use inspection or inspection of the front works, etc.