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. The basic facts;

2. The reasoning of the court's explanation concerning this part of the plaintiff's assertion is that of the corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

3. Determination as to the first guarantee contract

A. The court's explanation of this part of the judgment on the cause of the claim is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

B. Judgment on the Defendant’s argument 1) The Defendant’s assertion that revocation was made on the grounds of deception was not returned even if the Plaintiff received a request from the Plaintiff to return the unpaid advance payment before December 27, 2016, which entered into a guarantee contract under Article 1-4, and the cause for cancellation of the first subcontract arose.

In addition, since December 1, 2016, D did not entirely perform the construction of the instant structure under the first subcontract, and around that time, D did not pay the construction cost to the subordinate companies.

The Plaintiff suspended the payment of construction price in October 2016 and November 1, 2016 claimed by D due to such nonperformance of the obligation of D.

In full view of these circumstances, D's finance has significantly deteriorated around that time.

However, when concluding the first-4 guarantee contract, D had notified the defendant of the occurrence of the grounds for cancellation or the fact of financial deterioration, but it did not notify the defendant, thereby deceiving the defendant.

The plaintiff knew or could have known the aforementioned deception of D.

The defendant shall revoke the first-4 guarantee contract by reason of the above deception.

B) Article 11(1)4 of the first guarantee agreement claiming the exemption on the ground of the occurrence of the cause for cancellation before the date of receipt of the letter of guarantee (Article 11(1)4) provides that “the Defendant shall not pay the security deposit where the cause for cancellation of the contract has already occurred before the date of receipt of the letter of guarantee.” As examined in the foregoing A).