1. The Defendant’s KRW 52,203,379 as well as the Plaintiff’s annual rate of 6% from November 5, 2016 to November 2, 2017.

1. Basic facts

A. The Plaintiff as the party is an autonomous management body organized to manage the 92 household unit of the Coinru2 apartment complex in Yangcheon-gu Seoul Metropolitan City, Yangcheon-gu, 56-ro 15 (hereinafter “instant apartment complex”), and the Bobru Construction Co., Ltd. (hereinafter “Stru Construction”) constructed and sold the instant apartment complex. The Defendant is a company that entered into a warranty contract with the Bobru Construction on the defect repair obligation of the instant apartment complex.

B. On July 16, 2009, May 30, 2014, 20122209-201-0004, and July 48, 2012209-2009-201-004, October 29, 20105, the guarantee deposit contract for the repair of defects was concluded between the Defendant and the Defendant as the head of Yangcheon-gu Office on July 16, 2019 (hereinafter “each of the instant contracts”) and the two deposits issued by the Defendant’s head of Yangcheon-gu Office on July 30, 2014.

(1) In addition to each of the instant guarantee contracts, the Defendant entered into a warranty contract with the guarantee period of one year, two years, and three years. However, the Plaintiff had already been determined by the Seoul Southern District Court Decision 2012Gahap4290 (hereinafter “Seoul Southern District Court”) upon receipt of a partial winning judgment against the Defendant for the defects of the said 1,2, and the said judgment was dismissed at the appellate court. (2) The special item column of the said warranty contract is that the Defendant is not liable for the warranty against the defects that occurred before the guarantee period, and that the guaranty creditor is changed to the said council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.

In addition, Article 4 (4) of the Terms and Conditions shall apply to the portion of construction or non-construction differently from the design drawings, design defects, and housing construction standards.