1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The scope of this court’s trial at the first instance trial against the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) sought payment of KRW 264,562,392 in lieu of defect repair, or damages for non-performance of obligation, including KRW 41,05,568,324 in total due to non-performance of obligation, and KRW 305,568,324 in total, and KRW 264,562,392 in each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

The first instance court accepted 75,347,358 won of the defect repair expenses of 125,578,930 won of the defect repair expenses of 125,578,930 won of the defect repair in lieu of the defect repair to the defendants, and accepted the claim of 41,005,932 won of the damage compensation due to incomplete performance against the defendants, and dismissed the remainder of the claim.

In this regard, only the plaintiff appealed and filed a claim for the payment of KRW 51,435,021 and damages for delay after deducting KRW 75,347,358 as cited in the first instance court from KRW 126,782,379, the total amount of the estimated amount of compensation for damages or the guaranteed amount for defects related to the ten-year defect. Thus, only the above part shall be subject to the judgment of this Court.

2. The reasoning of this part of the judgment of the court of first instance is the same as that of the part concerning the plaintiff and the defendants in the reasoning of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main sentence

3. The plaintiff asserted that the plaintiff requested the repair of defects against the defendant Seo-gu, but the defendant Seo-gu failed to perform its duty of repair of defects, and thus the defendant Seo-gu bears liability for damages caused by the non-performance of the contract of this case, separate from the liability for damages replacing the defect repair

According to the contract of this case, if the defendant Seo-gu did not comply with the plaintiff's request for repair of defects, the full amount of the warranty bond shall be reverted to the plaintiff, which constitutes an estimate of damages, and thus, the defendant Seo-gu is the estimated amount of damages for the ten-year defect.