1. The plaintiff's guaranteed liability between the plaintiff and Seoul Guarantee Insurance Co., Ltd. is the defendant.

Basic Facts

On September 18, 2009, the Plaintiff entered into a construction contract for the said new aggregate building with a financial investment business entity (hereinafter “instant apartment building”) that seeks to construct the apartment-type building C (hereinafter “instant aggregate building”) in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu (hereinafter “instant apartment building”) and constructed the instant aggregate building.

The sales company of this case obtained approval from the head of Geumcheon-gu on September 27, 2012 for the use of the aggregate building of this case.

On May 24, 2013, the Plaintiff is above A.

With respect to the warranty bond under the construction contract stated in the subsection, the insured sales company of this case, the purchase price of insurance, 1,823,29,500 won, the insurance period from September 27, 2012 to September 26, 2015, and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) entered into a guarantee contract (hereinafter “instant guarantee contract”) with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) and submitted the guarantee insurance policy for performance from the Seoul Guarantee Insurance Co., Ltd.

On May 28, 2014, the Defendant entered into a contract with the selling company of this case to transfer or take over all rights of the said company under the instant guarantee agreement with the said company, and accordingly, the Plaintiff and Seoul Guarantee Insurance entered into a guarantee agreement with the said company as of May 28, 2014 to change the insured under the instant guarantee agreement to the Defendant.

The main contents of the terms and conditions included in the instant guarantee agreement are as follows.

Article 6 (Compensation for Loss) Seoul Guarantee Insurance Co., Ltd. shall compensate for the loss suffered by the insured, who is the obligee, by failing to comply with the insurance policy, even if the contractor, received a request for repair or supplementation of the defect that occurred within the warranty period after the completion inspection or examination of the contract or sales contract, according to the terms and conditions stated in the insurance policy.