1. The Defendant’s KRW 328,016 as well as the Plaintiff’s annual rate of KRW 6% from May 20, 2017 to August 29, 2019, and the next day.

1. Basic facts

A. The Plaintiff is a company that constructed a new apartment (including 15 units, 113A units, 492 units, and 113B units, and 790 units, including incidental facilities; hereinafter “the instant apartment”) under a contract with C Co., Ltd. (hereinafter “C”), and C is a company that newly built and sold the instant apartment.

B. On April 29, 2008, the Defendant entered into a subcontract with the Plaintiff during the period from April 29, 2008 to December 31, 2009 (hereinafter “instant subcontract”) by setting the contract amount of 4,270,000,000 won and the construction period from April 29, 2008 to December 31, 2009.

C. Around March 12, 2010, the apartment of this case was completed and undergone a pre-use inspection, and the relevant household was delivered to sectional owners around that time.

Many defects have occurred due to non-construction, modified construction, defective construction, etc. in the apartment of this case.

The council of occupants' representatives of the instant apartment complex (hereinafter referred to as the "council of occupants' representatives") filed a lawsuit against the Plaintiff, C, etc. seeking damages, etc. in lieu of defect repairs under the Seoul Central District Court Decision 2013Gahap47953, which had taken over damages claims, etc. from the sectional owners of 695 households among the total 790 households of the instant apartment owners (hereinafter referred to as the "prior lawsuit").

On December 10, 2013, when the above lawsuit is pending, the Plaintiff and C filed an application for the notification of lawsuit against the Defendant, a subcontractor, etc., and the written notification of lawsuit was delivered to the Defendant on December 17, 2013.

E. With respect to C on January 27, 2016, the court of first instance prior to the amendment by Act No. 10204, Mar. 31, 2010 by the former Act on the Ownership and Management of Aggregate Buildings

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “former Act”).

Article 9 of this Act and Article 667 of the Civil Code recognize the warranty liability for defects, and consider the amount of damages in lieu of the defect repair as KRW 3,023,371,573.