The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Based on its adopted evidence, the court below concluded a warranty contract with the non-party B Co., Ltd. (hereinafter "B") on May 14, 1998, and the apartment as indicated in its judgment (hereinafter "the apartment of this case"). B agreed to pay not only the amount the plaintiff paid to the guarantee creditor but also the substitute payment paid by the plaintiff, legal procedure costs and litigation costs plus the plaintiff's prescribed damages. The defendant, E, and F jointly guaranteed B's indemnity liability against the plaintiff. The council of occupants' representatives of this case filed a lawsuit against the plaintiff on May 23, 2006 against the Seoul Southern District Court 2006Rahap8796, which is substituted for defect repair, the Seoul Southern District Court 2009Na1235, which is the appellate court's judgment on May 23, 2007, the council of occupants' representatives held that the plaintiff's respective claim for the provisional attachment and the E-1, which is the Seoul Southern District Court 200Kadan 2016, respectively, and the E-16.

Furthermore, the lower court held that each amount set forth in [Attachment 9] Nos. 9 and 14 of the lower judgment is the litigation costs related to the damages case at Seoul High Court 2009Na122335.