A. The Plaintiff is an autonomous organization organized by the occupants to manage the 165 households and ancillary facilities (hereinafter “the instant apartment”) located in Jinacheon-dong, Daegu-gu, Daegu-gu. The Defendant is a company that guaranteed the warranty liability of Taecheon-gu Co., Ltd. (hereinafter “Seoul-do”), a contractor of the instant apartment (hereinafter “instant apartment”).

B. On February 20, 2008, as shown below, the Defendant guaranteed the liability for warranty against the instant apartment (hereinafter “instant warranty”). Under the warranty clause, the Defendant is liable for the performance of the defect repair or the obligation to pay the cost of the defect repair when the guaranteed accident occurred with respect to the defect that occurred within the defect repair liability period for each type of work as stipulated in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

[Attachment 1] The warranty period of the warranty of the defect liability deposit No. 135,384,954 won from February 22, 2008 to February 21, 2009 (1 year) 135,384,954 won from February 22, 2008 to February 21, 201 (2 years) 303,07,432 won from February 22, 2008 to February 21, 2011 to February 21, 203,07,432 won from 42 won from February 22, 2008 to February 21, 2011 to February 21, 203, 207,432 won from February 22, 2008 to February 21, 201,5 won from February 5, 2015 to May 21, 2018>

C. Thai, as the contractor of the instant apartment on February 22, 2008, occupied the buyers after undergoing a pre-use inspection on the instant apartment on February 22, 208.

However, in the construction of the apartment of this case, it was partially erroneous construction and modified construction, and there was a defect in the section for common use and section for exclusive use of the apartment of this case. Accordingly, there was an obstacle to the function, aesthetic, and safety on the apartment of this case, but the king did not comply with the plaintiff's request for defect repair.

Article 3 (Return, etc. of Letter of Guarantee) Where a defendant (A) has paid the amount of cash reimbursement, the plaintiff (A) shall, without delay, return the guarantee certificate and even if there is any balance of guarantee.