구상금
The judgment of the first instance, including the claims expanded and reduced in this Court, shall be amended as follows:
A. Defendant B.
1. Basic facts
A. On December 29, 201, the Plaintiff entered into a land trust business agreement and contract with Nonparty D, E Co., Ltd. (hereinafter “E”) on the part of December 29, 201 on the part of the Plaintiff on the part of Nonparty D, Busan, and the 248 household development project for the apartment (hereinafter “instant apartment”). Under the land trust business agreement, the Plaintiff entered into a land trust business agreement with the contractor, D, and E were the truster and the trustee.
2) On May 18, 2012, E became a contractor pursuant to the land trust business agreement, and entered into a contract with the Plaintiff for new construction of the instant apartment (hereinafter “instant contract”).
B. On May 13, 2014, the Plaintiff entered into a subcontract for landscaping works (hereinafter “instant subcontract”) with Defendant B on the part of the instant apartment construction works (hereinafter “instant landscaping works”).
2) On January 7, 2015, Defendant B entered into a contract with the instant subcontract and issued a warranty bond to guarantee the Defendant B’s obligation to repair defects under the instant subcontract (hereinafter “instant guarantee contract”) with the period from November 21, 2014 to November 20, 2016, on the condition that the guaranteed bond holder was the Plaintiff, the guaranteed bond amount of KRW 14,340,000, and the period and period from November 21, 2014 to November 20, 2016.
3) The part of the terms and conditions of the warranty agreement for the repair of defects under the instant guarantee agreement (hereinafter “instant terms and conditions”) related to the instant case is as follows.
Article 1 (Guarantee Responsibility) 1 C Mutual Aid Association (hereinafter referred to as the “Association”)
I guarantee the payment of defective bonds in accordance with the terms and conditions of the warranty agreement and the matters set out in the warranty agreement.
(2) The term "accident" in this terms and conditions means a defect that occurred on the front part within the period of liability for the repair of a defect due to construction in violation of design documents or other instructions within 15 days from the expiration date of the period of warranty.