A. The Plaintiff is a person who constructed and sold an apartment complex of Seowon-gu, Seowon-gu, Rural District of 16 ground (hereinafter “the apartment of this case”) with the depth of the Suwon-si, which is an apartment of this case. The Defendant is the contractor of the apartment of this case.

B. On January 31, 200, the Plaintiff contracted the Defendant with the construction cost of KRW 100,677,400,000 for the new construction of the instant apartment.

The main contents of the instant contract are as follows.

Article 6 (Scope of Performance of Projects)

2. The scope of the Defendant’s business performance shall be as follows:

Article 7 (Bearing of Expenses)

2. The defendant's apportionment of expenses following the performance of duties under Article 6 (2) shall be as follows:

5) Repair costs and warranty fees of defects. Article 22 (Defect Security)

1. The defendant shall be liable for the defect repair within the defect repair period under the Decree on the Management of Multi-Family Housing from the date of completion of approval for "use inspection".

2. When the construction work is completed, the defendant shall submit a certificate to the competent authority issued by the Korea Housing Guarantee Corporation for the warranty of defects;

C. After completing the new construction of the instant apartment, the Plaintiff was approved on December 4, 2002 for the instant apartment.

The defects arising from the non-construction, modified construction, defective construction, etc. in the section for common use and section for exclusive use of the apartment of this case were caused, and the owners of the apartment of this case requested the defendant to repair the defects of the apartment of this case, but the defendant failed to properly perform the defect repair obligation of

E. The council of occupants’ representatives of the instant apartment takes over the damage liability in lieu of defect repair from 575 households among the 890 households holding the instant apartment owners with respect to the defects remaining in the section for common use and section for exclusive use of the instant apartment. (The Plaintiff and the Plaintiff take over the damage liability in lieu of defect repair from the total of 63.390m2 and the total of 96,940m20m2.