A. (1) The status of the parties to the instant construction (hereinafter “NWD”) is an ordering person of the 1019-3 U.S. construction of the “Gneung U.S. Plux Officetel” (hereinafter “new construction work”), and the Plaintiff is both the contractor and the principal contractor of the instant new construction work.

(2) The Jeju Construction Industry Co., Ltd. (hereinafter “Dapap Construction Industry”) is a subcontractor who subcontracted civil engineering works among the instant new construction works from the Plaintiff, and the Defendant is an insurance company that entered into a contract performance guarantee insurance contract with the Jeju Construction Industry.

B. (1) On November 10, 2015, the Plaintiff entered into a subcontract between the Plaintiff and the Jeju Construction Industry (hereinafter “instant subcontract”) with respect to the civil engineering works among the instant new construction works (pHC file works, and CIP works). As to the instant new construction works, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”).

(O) Contract amount: 440,000,000 O Construction Period (including value-added tax): (2) from November 10, 2015 to January 31, 2016, the instant subcontract agreement provides that the Plaintiff may terminate the contract when the fairness has been delayed due to the cause attributable to the liquor construction industry, resulting in a failure in the Plaintiff’s fair plan; and (3) the Jeju Construction Industry, regardless of the rate of fairness in the event of the breach of the contract and the Plaintiff’s amount of damages, should pay the Plaintiff the contract deposit in full.

C. On November 17, 2015, the Jeju Construction Industry concluded a contract performance guarantee insurance contract with the Defendant (hereinafter “instant contract performance guarantee insurance contract”) with the content as follows.

O Insured: The insurance period of KRW 44,00,000: the O insurance period from November 10, 2015 to January 31, 2016: Contract bond (2) under the construction contract, while applying to the contract bond contract of this case.