1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 28, 2009, the Plaintiff entered into a construction contract with the international construction company of the non-party corporation with respect to the construction works for the non-party 861 generation of the well-songmun apartment located in Seoyang-dong, Seoyang-dong.

B. On November 30, 2009, the non-party company entered into the instant warranty contract (guarantee period: 3 years: September 14, 2009; September 13, 2012; 89,575,620 won) with the Defendant as the Plaintiff in order to guarantee the obligation to repair the defects related to the designated and hot-water construction type (hereinafter “instant construction”).

C. Under the terms and conditions of the instant warranty contract, the Defendant’s warranty liability arises when the Nonparty Company fails to perform the design documents at the time of completion of the inspection (construction) within the warranty period after the inspection or examination of the instant construction works.

The non-party company failed to comply with the warranty of the instant construction after the construction of the instant apartment, and the defendant also refused to perform the warranty of defects. On April 16, 2015, the plaintiff requested that the 89,575,620 won equivalent to the total amount of the warranty bond for the three-year defect repair on the ground that there was a defect, such as the crack of the floor floor, dys, dys, etc. (hereinafter “instant defect”) in the seven households among the instant apartment buildings pursuant to Article 34(1) of the General Conditions for the Construction Contract concluded with the sub-committee company.

E. On April 22, 2015, the Defendant requested the Plaintiff to submit evidentiary materials on the Plaintiff’s request for the warranty bond, and the instant defect was related to the unclaimed construction, which is the finishing construction work under attached Table 6-10 of the Enforcement Decree of the Housing Act, and refused to perform the warranty liability on the ground that the warranty liability period is one year.

[Ground of recognition] Facts without dispute, Gap 1 to 24, Eul 1 to 4, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The ground for the plaintiff's claim is the case.