1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 1, 2013, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with A Co., Ltd. (hereinafter “A”) by setting the contract amount of KRW 529,050,00, and the construction period from April 8, 2013 to October 31, 2014, with respect to the sewerage construction among the instant construction works for rural village sewerage maintenance works (hereinafter “instant construction works”) that the Plaintiff was contracted by the water supply and sewerage business office at the time of their stay.

B. On August 2, 2013, A entered into an advance payment guarantee agreement between the Defendant and KRW 100 million, guarantee creditor, Plaintiff, and guarantee period from August 2, 2013 to October 31, 2014 (hereinafter “instant guarantee agreement”).

The plaintiff was issued an advance payment guarantee around that time.

C. On August 9, 2013, the Plaintiff paid KRW 100 million to A. D.

A while carrying out the instant construction project, the construction was suspended due to financial circumstances.

The plaintiff requested A to resume construction around January 7, 2014, but A did not comply with the request.

On January 17, 2014, the Plaintiff notified A of the termination of the instant subcontract, and requested A to pay advance payment on January 23, 2014 on the ground that A did not return advance payment.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, hereinafter the same shall apply), Gap evidence Nos. 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that A’s suspension of construction due to its own financial reasons and the Plaintiff terminated the instant subcontract, which constitutes a guarantee accident under the instant guarantee agreement, and that the Defendant is obligated to pay KRW 100 million to the Plaintiff.

B. As to this, the defendant asserts that the defendant's obligation to pay advance payment is exempted or cancelled the contract of this case for the following reasons.

1. The Plaintiff and A are the instant case.