A. On March 26, 2018, the Plaintiff entered into a service contract (hereinafter “instant service contract”) with Nonparty Co., Ltd. (hereinafter “B”) with respect to “C” (hereinafter “instant service”) by setting the contract amount of KRW 165,027,00, and the service period from March 26, 2018 to December 20, 2018.

B. In order to guarantee the obligation to return advance payment, the Defendant entered into a contract for advance payment guarantee (hereinafter “instant advance payment guarantee contract”) with B, the contractor B, the secured creditor Plaintiff, the guaranteed creditor, the guaranteed amount of KRW 136,421,600, the advance payment amount of KRW 132,021,60, the guarantee period of KRW 132,021,60, and the advance payment guarantee contract from March 27, 2018 to February 18, 2019 (hereinafter “instant advance payment guarantee contract”).

C. The Plaintiff received the said advance payment guarantee, and paid KRW 132,021,60 to B on March 28, 2018.

However, B filed a monthly performance and process report from April 2018 to August 2018. However, from September 2018, and October 2018, B failed to comply with the Plaintiff’s request for supplementation of the monthly process report. Accordingly, the Plaintiff sent the direction of supervision to B twice, requested the meeting for countermeasures against the performance of the contract, but B neglected its duty under the instant service contract, such as failing to participate in the meeting itself.

Accordingly, on December 20, 2018, the scheduled date for completion of the instant service contract, the Plaintiff sent an official document stating that the Plaintiff would request the submission of completion products and cancel the instant service contract upon the arrival date of the contract completion date. However, B did not submit completion products, and the Plaintiff notified B of the cancellation of the instant service contract on December 28, 2018.

E. At the later time, B was notified of the cancellation, and approximately 2 months later, 10 March 11, 2019, respectively, entered into the instant service contract.