1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the implementer of the new construction project for three apartment complexes in the astronomical B apartment complex (hereinafter “instant apartment”), and C (hereinafter “Nonindicted Company”) is the contractor.

B. On August 27, 2007, when the non-party company and the non-party company did not perform their obligation to repair the defects that occurred in the apartment of this case, the defendant concluded a contract to pay the warranty bond [the warranty bond of this case 705,453,450 won (1 complex), 353,162, 820 won (2 complex), 348,652,290 won (3 complex)] for each unit and issued the warranty bond (hereinafter “the warranty contract of this case”).

C. On the same day, the Plaintiff, as the operator of the business, promised that if the non-party company, the contractor, becomes unable to continue the business due to default, bankruptcy, or any other cause, the contractor shall be jointly and severally liable for the following obligations to be borne by the contractor according to the terms and conditions of the contract, and submitted this confirmation document. “The name of the business: New construction of the instant apartment: defect: Guarantee type: 705,453,450 won (1 complex), 353,162,82,820 won (2 complex), 348,652,290 won (3 complex), guarantee creditor: The Incheon City, the implementer, the Plaintiff, and the contractor: Non-party company: the date of inspection of the use: September 1, 2007.”

The non-party company reached a default, and the defendant subrogated to the council of occupants' representatives of the apartment of this case for the liability for damages in lieu of the defect repair of the non-party company as indicated below.

Serial No. 11 Complex 2,106,00 on March 9, 2012, 201; 300,960,000 on March 30, 2012, 202, 222 complex 128,016,000 on March 30, 2012, 303 complex 126,720,000 on March 30, 2012, aggregate of 557,802,000

E. The defendant