A. The Plaintiff is a company running solar power plants and operation, etc. under the Insurance Business Act. The Defendant is a company running guarantee insurance business, etc. under the Insurance Business Act. 2) A Co., Ltd. (hereinafter referred to as “C”) is a company that received contracts (hereinafter referred to as “instant contract”) from the Plaintiff on October 2, 2014 for the construction of solar power plants, electric transmission lines, and ancillary facilities (hereinafter referred to as “each of the instant facilities”) in each of the business facilities listed in attached Table 1 from the Plaintiff on October 2, 2014, with the construction cost of KRW 11,691,790,000, Oct. 6, 2014; the scheduled date of commencement; December 30, 2014; the date of completion of the pre-use inspection; and three years from the completion date of the defect guarantee period of each of the contracts (hereinafter referred to as “instant facilities”).

B. The completion of the instant construction and pre-use inspection C of each of the instant facilities was completed on January 2015, and the Plaintiff received a pre-use inspection from the Korea Electrical Safety Corporation on each of the instant facilities around that time.

C. (1) On January 16, 2015, C entered into a warranty insurance contract for the instant construction project with the Defendant, with respect to the instant construction project, the terms and conditions of the warranty contract between January 16, 2015 and January 15, 2018, wherein the Plaintiff and the insured are the Plaintiff and the insurance period from January 16, 2015 to January 15, 2018 (hereinafter “instant warranty contract”).

(1) A company (the Defendant; hereinafter the same shall apply) under Article 6 (Compensation) of the General Rules of the Guarantee Insurance Policy, which entered into a performance guarantee insurance policy with the Defendant and submitted it to the Plaintiff.

(C) the debtor, the contractor (hereinafter the same shall apply)

(i)the insured (the plaintiff, hereinafter the same shall apply) who is a creditor of a contract or a sales contract fails to comply with the contract entered in the insurance policy, even though it has received a claim for repair or supplementation of defects that have occurred within the period of warranty liability after the completion inspection or examination of the contract;

the loss incurred shall be entered in the insurance certificate.