1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. 1) C Co., Ltd. (hereinafter “C”)

(2) On July 22, 2013, C entered into a contract with D Co., Ltd. to pay the Plaintiff the progress payment once a month, setting the subcontract price as KRW 2.3 billion from July 22, 2013 to November 29, 2014.

(hereinafter referred to as the “instant subcontract”). Determination as to whether the method of payment of the subcontract price is limited to cash, and whether the bill is included is set forth in Section 3B below.

The paragraph will be examined.

3) On February 28, 2015, the subcontract price of the instant subcontract was changed to KRW 2.79 billion, and the period for the completion of construction works, March 31, 2015. (b) C concluded a payment guarantee contract with the Defendant on July 22, 2013 regarding the instant subcontract between the Defendant and the execution date of the contract regarding the instant subcontract on July 22, 2013.

2) Thereafter, on April 30, 2014, C entered into an additional contract on the payment guarantee of subcontract consideration with the Defendant for the performance of the contract as of November 29, 2014; the guaranteed amount of KRW 97,350,000; and the guarantee period from April 30, 2014 to February 27, 2015 (hereinafter referred to as the “instant guarantee contract”) in combination with the payment guarantee contract of subcontract consideration as of July 22, 2013.

(C) C. (1) After the instant construction was commenced, C paid the Plaintiff the payment for the first and second completed portion on December 12, 2013, even though the Plaintiff did not perform the obligation to pay the first and second completed portion as stipulated in the instant subcontract.

After that, C has been delayed for not less than two months at the same time, and C is between the plaintiff and the plaintiff.