A. The Plaintiff is a business entity that implements the construction project and the removal project, and Defendant B (hereinafter “Defendant Company”) is a company that operates the construction project and the name of the corporation as of June 24, 2009. Defendant C was the representative director of the Defendant Company and retired from the office of the representative director on June 14, 2012.

B. On April 23, 2008, the Plaintiff entered into a contract for removal (waste disposal) construction work with the Defendant Company (hereinafter “instant contract”) with the content that the Plaintiff shall pay the expenses, and the Defendant Company shall be jointly and severally liable for the Defendant Company’s debt under the instant contract. The Defendant Company shall be jointly and severally liable for the Defendant Company’s debt under the instant contract. The Defendant Company shall be jointly and severally liable for the instant contract.

C. On April 23, 2008, the Plaintiff deposited KRW 170,000,000 (hereinafter “the instant deposit”) with the Defendant Company as the deposit money for removal for the intent of the instant contract. After receiving the deposit, the Defendant Company prepared a performance assurance (Evidence 5) and a cash custody certificate (Evidence 6) to the Plaintiff to the effect that the Plaintiff promised to perform the construction work based on the instant contract, and then delivered it to the Plaintiff.

Defendant C signed and sealed as joint and several sureties of the Defendant Company, which is the undertaking of the above performance assurance, and the said cash storage certificate also signed and sealed as joint and several sureties.

[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence Nos. 2 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff asserted that the defendant refused the implementation of the contract of this case and cancelled the contract of this case on the grounds of this.