A. The summary of the case is the case where the Plaintiff seeks the payment of the warranty bond and the damages for delay against the Defendant, asserting that the guarantee accident related to the primary and the primary defect has occurred, as stipulated in the warranty contract concluded with the Defendant regarding the 5th and the 10-year beauty apartment.

The first instance court accepted part of the plaintiff's claim and dismissed the remainder claim, and the defendant appealed against the part against which the plaintiff lost.

B. The reasoning for the court’s explanation on this part of the premise facts is as stated in paragraph (1) of the first instance judgment, except for the reasoning of the judgment of the court of first instance, as follows. Thus, this part of the premise facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

D. The summary of the contract for the repair of defects included in the instant warranty contract is as follows.

Article 1 (Definitions)

4. The term “defect” means any defect according to the classification of construction works subject to repair and the scope of defects and the period of defect repair liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and where the principal debtor fails to perform a defect repair without justifiable grounds, notwithstanding a guarantee creditor's claim for defect repair in each type of work.

Article 3 (Contents of Guarantee Obligation) The Guarantee Company shall assume the obligation to perform the repair of defects or to pay the cost of repairing defects in the event of a guaranteed accident for defects that have occurred during the period of liability for repairing defects for each type of work, which are defects that occur in facilities subject to repair of defects prescribed in Tables 6

Article 7 (Burden of proof for Guarantee Obligation) (1) A guarantee creditor shall claim.