1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 4, 2016, the Plaintiff entered into a contract with ENC Co., Ltd. (hereinafter “ENC”) under which the term “metallic creative construction works from among the construction works of the current movable plastic apartment (including value-added tax)” is fixed as the contract amount of KRW 341,00,000 (including the value-added tax) and the construction period from October 4, 2016 to December 30, 2016 to receive the subcontract.

(hereinafter referred to as the “instant subcontract.” The Plaintiff paid the purchase price and the completion price under the said contract through the purchase card or the loan against security of credit sales claims (the company that purchased the goods or services shall pay the purchase price to the delivery company as the credit sales bond, the delivery company shall obtain a loan from the bank as collateral with the above bonds, and the purchasing company shall repay the above loan at the maturity of the credit sales bond).

B. On December 27, 2016, ENC issued a payment guarantee certificate for the instant subcontract (hereinafter “instant payment guarantee certificate”) issued from the Defendant, which is from October 4, 2016 to March 30, 2017, with the guarantee period of payment for the instant subcontract (hereinafter “instant payment guarantee certificate”) and issued to the Plaintiff.

The particulars of the instant guarantee guarantee are as follows: “This guarantee shall be extended within the guarantee period as it does not bear any obligation to guarantee if the payment date (in the case of a bill, etc., the due date) has not yet arrived within the guarantee period, and it does not necessarily result in the extension of the guarantee period.”

C. Article 1 (Liability for Guarantee) of the Subcontract Payment Guarantee Clause which was accompanied by the instant payment guarantee letter (hereinafter “the instant contract”). The Defendant bears the obligation to pay the subcontract price to the other party (hereinafter “guaranteed obligee”) where the contractor fails to perform the obligation to pay the subcontract price stated in the letter of guarantee (hereinafter “guarantee incident”).