1. The Plaintiff’s portion exceeding KRW 95,488,393 out of the lawsuit against Defendant Barun Construction Co., Ltd. shall be dismissed;

2...

1. Basic facts

A. The plaintiff is a party 1) A apartment on the ground of Pyeongtaek-si B (hereinafter "the apartment of this case").

In order to manage the apartment of this case, the apartment of this case is an autonomous management body composed of its occupants, and the apartment of this case consists of 11 units of housing, 53 units of housing and 14 units of commercial building. 2) The C apartment reconstruction association of this case (hereinafter “the reconstruction association of this case”) is a project proprietor who constructed and sold the apartment of this case. The defendant Construction Mutual Aid Association of this case (hereinafter “new construction”) is a guarantee company that guarantees the construction of the apartment of this case, by failing to perform the construction duty of the apartment of this case by the reconstruction association of this case, the new construction company (hereinafter “new construction”) that received a contract for the new construction of the apartment of this case from the reconstruction association of this case (hereinafter “the reconstruction association of this case”).

3) As new construction discontinued the construction of the instant apartment, Defendant Construction Mutual Aid Association (hereinafter “Defendant Construction”) discontinued the construction of the instant apartment, pursuant to the construction guarantee agreement, the remainder of the construction of the instant apartment among the instant new construction works is as follows:

(3) A fixed safety machine corporation (hereinafter referred to as “fixed safety machine”)

(3) Defendant Leneco Co., Ltd. (hereinafter “Leneco”)

4) The Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) guaranteed the duty to repair the defects of the apartment of this case in the instant case of the construction of the instant apartment.

B. On February 22, 2007, the Defendant Construction Mutual Aid Association entered into a guarantee contract, guarantee execution agreement and guarantee execution entrustment agreement with the Defendant Construction Mutual Aid Association set the guarantee period between February 22, 2007 and August 31, 2009 with respect to the instant new apartment construction project, respectively, as KRW 24,907,98,40.