A. From March 12, 2017 to May 10, 2017, the Defendant: (a) received a subcontract from C to KRW 60,000,000 from March 12, 2017 for the construction period of machinery and fire extinguishing equipment construction works; and (b) determined the contract performance guarantee amount to 20% of the contract amount (it can be substituted by the surety insurance policy issued by Plaintiff). Accordingly, the Defendant entered into a contract performance guarantee insurance contract with the Plaintiff for the said subcontracted work with the insurance period of the said subcontracted work and with the purchase amount of KRW 12,00,000,000, and issued the surety insurance policy to C in lieu of the payment of the contract performance guarantee money.

At the time, the defendant agreed to pay the contract performance guarantee insurance money by adding damages for delay (6% per annum) to the amount paid by the plaintiff.

B. C filed a claim for performance guarantee insurance against the Plaintiff with the Defendant’s failure to perform the said subcontracted work, and the Plaintiff paid KRW 12,000,000 on November 24, 2017.

[Grounds for recognition] Evidence Nos. 1 through 5, Eul evidence No. 4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff sought the performance of the obligation of reimbursement arising from the payment of the above insurance proceeds, and the Defendant claimed that the occurrence of insurance accidents occurred, namely, the Defendant’s performance of the above subcontracted works, and even if not, C’s payment of the insurance proceeds is excessive compared to the expenses that were incurred in the remaining works.

3. In full view of the written evidence No. 6-1 through 4, evidence No. 7-1, evidence No. 7-2, and evidence No. 4, as a whole, and the purport of the entire pleadings, C urged the subcontractor to complete the remainder of subcontracted works with text messages from July 9, 2017, which had already been the period of subcontracted works, and the subcontractor sent to the Plaintiff a certificate of content-certified mail that notifies the Defendant of the claim for insurance proceeds in cases where the subcontractor completed the remainder of subcontracted works on August 21, 2017 and the construction is not completed by August 24, 2017.