A. On May 28, 2016, the Plaintiff: (a) awarded a contract for the construction of a newly built multi-family house B (hereinafter “instant construction”) to Defendant Maritime Comprehensive Construction Co., Ltd. (hereinafter “Defendant Maritime Comprehensive Construction”); (b) concluded that KRW 100,000,000 after entering into a contract; (c) KRW 130,000,000,000 after the completion of the construction of the 3rd structural frame; and (d) agreed to pay KRW 130,00,000 after the completion of the construction of the 3rd structural frame; and (e) KRW 120,00,000,000 after the completion of the construction of the 13rd structural frame; and

(hereinafter “instant contract”). (b)

On May 30, 2016, Defendant Han-gu Co., Ltd. (hereinafter “Defendant Han-gu”) guaranteed performance of the said contract between May 30, 2016 and the guarantee period from May 30, 2016 to September 25, 2016.

C. On June 2, 2016, the Plaintiff paid KRW 100,000,000 in total, among the construction cost that the Plaintiff shall pay to the Defendant after completion of the structural construction on the third floor of July 29, 2016 under the instant contract, and KRW 200,000,000 in total, among the construction cost that the Plaintiff shall pay after completion of the structural construction on the third floor of July 29, 2016.

However, Defendant Maritime Integration Construction suspended construction on August 17, 2016, when it was found that it had built up to the third floor among the new construction works. On September 1, 2016, the Plaintiff gave up the said new construction works, and, on September 1, 2016, the Plaintiff did not raise an objection to the Plaintiff’s claim for performance guarantee with respect to the construction cost paid in excess of the progress payment.

E. On September 20, 2016, the Plaintiff filed a claim for the performance of the guaranteed obligation with Defendant Han-gu Bank based on the performance guarantee as above.

F. Meanwhile, the highest ratio of Defendant Maritime Complex Construction performed with respect to the instant construction works is 31.836%, and the progress payment is 152,812,800 won.

[Based on the recognition] The entry of Gap evidence 1 to 14 (including the number of family evidence) and the appraiser C's identity and appraisal result, the inquiry results of this court's inquiry about C, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant.