1. It is confirmed that the Defendant’s claim to indicate the Plaintiff does not exist.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On July 14, 2014, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the part of the “storage and Distribution Software, Production and Installation of Malking Software” (the same as the indication of the bond in the attached Form) to receive a subcontract for KRW 42,900,000 of the subcontract price and complete it until August 14, 2014 in relation to the “establishment and purchase of the CCTV Integrated Control Center of Dobong-gu Office in 2013, which the Defendant was awarded a contract (hereinafter the same as the indication of the bond

B. The Plaintiff entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. and received two guaranty insurance policies with respect to the said subcontract, and issued two guaranty insurance policies to the Defendant.

C. On August 14, 2014, the Defendant notified the Plaintiff that the said subcontract was rescinded due to the Plaintiff’s nonperformance of contractual obligations, and that he would claim the payment of insurance proceeds based on each surety insurance policy against the Seoul Guarantee Insurance Co., Ltd.

[Grounds for recognition] Evidence Nos. 1, 2, 3, and 8, and the purport of the whole pleadings

2. In a lawsuit seeking confirmation of the absence of an obligation or a claim, the fact of the occurrence of a claim must be asserted by the defendant who asserts it. However, as the effect of rescission of a contract caused by the plaintiff's nonperformance of obligation, the defendant who seeks the return of advance payment and down payment does not have any assertion as to it. Rather, in full view of the overall purport of the pleadings in each of the evidence Nos. 4 through 7, and No. 9, the plaintiff can be recognized as having completed installation of storage software distribution (XIE-NVR) and Privacy software (XIE-P) within the Dobong-gu CCTV Integrated Control Center of Dobong-gu Office on July 16, 2014. Therefore, the plaintiff's assertion is reasonable, and there is a benefit of confirmation as the defendant claims the existence of the above claim and claims for payment of guaranteed insurance money to Seoul Guarantee Insurance Co., Ltd.

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