A. The Plaintiff was a project proprietor who newly constructed and sold six (6) dong 274 households, dong 274 (hereinafter “the apartment of this case”). On July 2, 2002, the Plaintiff obtained approval for the use of the apartment of this case.

B. Defendant Geumsung Pung-si Housing Co., Ltd. (hereinafter “Songsung Pung-si Housing”) and Nonparty same-sex Construction Co., Ltd. (hereinafter “ same-sex Construction”) concluded a contract for construction works of construction machinery (hereinafter “instant contract”) with the Plaintiff among the new construction works of the instant apartment, and Defendant Gung-si Construction Co., Ltd. (hereinafter “the construction of this case”) jointly and severally guaranteed the obligation under the contract for the construction works of the Defendant Geumsung Pung-si Housing.

C. The Defendant Geumsung-si Housing built the instant apartment building in accordance with the instant contract and delivered the instant apartment building to the Plaintiff.

The council of occupants' representatives of the apartment in this case filed a lawsuit against the plaintiff seeking compensation for damages in lieu of defective repair of the construction of the apartment (hereinafter "prior lawsuit in this case"). According to the judgment of the case, the plaintiff paid the principal amount of KRW 146,594,853 with the judgment of the council of occupants' representatives on September 13, 2013 and the delay damages for the principal amount of KRW 154,828,004 with the judgment of the council of occupants' representatives on September 13, 2013.

E. The costs of lawsuit to be paid by the Plaintiff to the representative meeting of occupants according to the instant prior suit are KRW 5,053,769, and the costs of lawsuit paid by the Plaintiff are KRW 9,570,000.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. According to Article 25 of the Special Conditions for the Construction Contract of this case for Compensation for Damages in lieu of the Plaintiff’s assertion 1 repair, where the inconvenience of the users of the relevant facility is high due to the reverse construction of the Murinical area, such as the US and other days, the warranty period under Article 33 of the General Conditions for the Contract of this case