A. On March 31, 2015, the Plaintiff concluded a contract with C (hereinafter “C”), with regard to the new construction work of the Plaintiff on the ground of Seongbuk-gu Seoul Special Metropolitan City (hereinafter “C”), “2,354,000,000 won (including value-added tax214,00,000)”, “235,40,000 won (including VT),” “235,40,000 won”, “235,40,400,000 won” in advance, “VT” in advance, “235,40,40,000 won (including VT),” “payment every one month in accordance with the construction performance rate” in completed portion.

(hereinafter “instant contract”). The instant contract includes the following:

Article 10 [Advanced Payment] (1) A contractor shall not use advance payment for any purpose other than the purpose of fulfilling the contract, and shall use it in preference to paying wages and securing materials.

(2) No contractor shall transfer any right or obligation arising from a contract to a third party before settling the total amount of advance pursuant to paragraph (5) of this Article.

(3) A contractor shall pay advance payment within 15 days from the date of receipt of a request for commencement of construction work as stipulated in the contract.

(4) A contractor shall pay a performance bond for an advance to A while receiving such advance payment.

Provided, That an advance payment may be made by a letter of guarantee issued by the following institutions:

(5) Advance payment shall be settled by the following methods whenever the price for the completed portion is paid:

(6) Where an orderee has paid an advance payment, he/she may request the return of the balance of the advance payment in any of the following cases:

1. Where a contract is rescinded or terminated, a contractor shall pay the unpaid amount at the time of request for return referred to in paragraph (6), from the payable amount; and