On October 10, 2013, the Plaintiff entered into a contract for the instant construction and advance payment with Defendant Sungsung Construction Co., Ltd. (hereinafter referred to as “Defendant Company”) and the Plaintiff’s factory located in Seo-gu Incheon, for extension works outside large repair of the Plaintiff’s factory located in Seo-gu (hereinafter referred to as “instant construction works,” and the said contract was entered into on March 31, 2014 (hereinafter referred to as “instant contract”). On October 14, 2013, the Plaintiff paid KRW 136 million as advance payment to the Defendant Company (hereinafter “instant advance payment”).

On October 11, 2013, Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) issued an advance payment guarantee prescribed by the Guarantee Amount of KRW 149.6 million, the Guarantee Period of KRW 31,000,000,000,000 for the instant construction work at the request of the Defendant Company, and the Plaintiff of the Guarantee Creditor. Article 1 of the Guarantee Terms attached to the said Guarantee Terms and Conditions provides that “The Defendant Mutual Aid Association shall pay the other party the obligation to the other party in accordance with the terms and conditions of this Guarantee Agreement by failing to perform the obligation of advance payment (if the cause for advance payment arises within the guarantee period) related to the front entry contract.”

【Ground of recognition” without any dispute, Gap's evidence Nos. 1 through 3 and Eul's evidence Nos. 1 and the purport of the whole pleadings and the plaintiff's assertion that the plaintiff asserted that the plaintiff was entitled to withdraw from the construction site of this case after the conclusion of the contract of this case. The defendant company should return the remainder of KRW 79,200,000,000 excluding the sum of the above provisional and removal works, and the defendant association, the guarantor of the above obligation to return the advance payment, should also return the said money jointly with the defendant company.

As to the defendants' counterarguments, the defendants are the defendants.