1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. Upon application for the return of provisional payments, the Plaintiff.

1. Basic facts

A. On March 2013, the Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the trustor, the trustee, the trust, and the trust construction company (hereinafter “other construction”) on the ground of the Daegu Suwon-gu land (hereinafter “instant construction”) on which the trustor, the Plaintiff entered into a trust agreement for the sale-type land (hereinafter “instant trust agreement”).

B. On April 17, 2013, the Plaintiff entered into a contract on succession to the construction contract with a equipped with a equipped range of devices to the effect that the Plaintiff succeeds to the position of the Plaintiff as a contractor for the construction work.

C. On June 25, 2014, as a result of the instant construction, it entered into a subcontract with HandocC Co., Ltd. (hereinafter “Korea C&C”) on a condition that it will subcontract the construction cost of KRW 924,000,000 for the construction cost of the instant construction project.

On October 15, 2014, as between the Defendant and the Defendant, in order to guarantee the payment of the price for the instant subcontracted project with respect to Hansung C&C, the payment guarantee contract for the subcontract price (hereinafter “instant guarantee contract”) was concluded between the guarantee creditor and the guarantee period from October 1, 2014 to August 29, 2015, and the Defendant issued a payment guarantee certificate for the subcontract price issued by the Defendant to K&C.

E. The main terms and conditions of the guarantee agreement applicable to the instant guarantee agreement (hereinafter “instant guarantee agreement”) are as follows.

Article 1 (Guarantee Responsibility) Where a contractor (hereinafter referred to as "debtor") fails to meet the obligation to pay the subcontract price for a contract entered on the front (hereinafter referred to as "Guarantee Accident") (hereinafter referred to as "Guarantee Creditor") the other party (hereinafter referred to as "Guarantee Creditor") shall be liable to the other party (hereinafter referred to as "Guarantee Creditor") in this Guarantee.