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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
2...
Reasons
1. Determination as to the cause of claim
A. On August 14, 2012, the Plaintiff made a determination on the claim for construction cost based on the construction contract agreement between the Defendant and the instant apartment complex on August 14, 2012 (hereinafter “contract for construction work as of August 14, 2012”) with the content that the construction cost of KRW 946,00,000 with respect to the defect repair works for exclusive households, the crack repair works for underground parking lots, the rooftop waterproof works, etc., the construction period from August 14, 2012 to November 30, 2012; two to three years after the completion of the defect liability period; and one percent (hereinafter “the contract for construction work as of August 14, 2012”).
(1) On December 11, 2012, E Union concluded a contract for the warranty period of the above contract to the Defendant: from December 1, 2012 to November 30, 2014, and November 30, 2015; the Plaintiff failed to complete the defect repair for 7 households out of the apartment of this case in relation to the defect repair work under the above contract; the Plaintiff agreed to calculate the cost of defect repair for 4,90,000 won and withhold the payment of the price to the Defendant and the above 7 households; the Plaintiff completed the defect repair work for 4 households out of the above 7 households; the Plaintiff did not request the Defendant to complete the defect repair work for 40 households out of the above 7 households; and the Plaintiff did not request the Defendant to complete the defect repair work for 40 households out of the above 7 households; and the Plaintiff did not request the Defendant to complete the defect repair work for 10 households up to 70 households out of the total amount of 10 households; and the Plaintiff did not request the Defendant to complete the defect repair work for 20 households up to 160 households.