1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is an autonomous management body consisting of the occupants to manage the first apartment house (hereinafter referred to as "the apartment of this case") 4 Dong 200, Nam-gu, Gwangju. In order to manage the 606 Dobong-gu, Namnam-gu, Gwangju.

The defendant is a company which has entered into a performance guarantee contract for the repair of defects of the apartment of this case.

On February 10, 2009, the Defendant entered into each of the respective warranty insurance contracts (hereinafter referred to as “each of the respective guaranty insurance contracts of this case”) as indicated below with the non-party Yangyang Construction Co., Ltd. (hereinafter referred to as “Namyang Construction”), the primary debtor as the above company and the guarantee creditor as the head of Nam-gu Seoul Metropolitan City, Seoul Metropolitan City.

The guarantee amount from February 27, 200 to February 26, 2010 (1 year) 404,832,000 to February 27, 2011; from February 26, 201 to February 26, 2011, 300 to February 26, 201 (2 years) 607,248,000 to February 26, 2012 (3 years) 607,248,004 to February 27, 2009 to February 26, 2012; 303,624,000 to February 26, 2014 (5 years); 203,624,005 to February 27, 2009 to June 36, 200, 2006 to June 36, 2006 [the following terms and conditions]

Article 1 (Definitions)

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the primary debtor fails to perform the defect repair without any justifiable reason, notwithstanding a guarantee creditor's claim for defect repair in each type of work.

Article 3 (Contents of Guarantee Obligation) The Guarantee Company shall assume the obligation to perform the repair of defects or to pay the cost of repairing defects in the event of a guaranteed accident for defects that have occurred within the period of defect repair liability by type of work, as defects that occur in facilities subject to defect repair as prescribed in the attached Tables 6

Article 5 (Change of Name of Guarantee Creditor)