1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff entered into a subcontract and a contract performance guarantee agreement on October 24, 2015, E.S. Co., Ltd. (hereinafter “ E.S. case”).

between the Plaintiff and the International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”).

(2) If the officetel is contracted from the office of the public prosecutor, the office of the public prosecutor’s office or the office of the public prosecutor’s office

() A subcontract for reinforced concrete construction works among new construction works (hereinafter “instant subcontract”) with construction cost of KRW 2,869,90,000, and construction period of KRW 2,869,90,000, and between October 24, 2015 and July 31, 2016 (hereinafter “instant subcontract”).

(2) On October 23, 2015, E.S. case entered into a contract with the Defendant to guarantee the performance of the instant subcontract (hereinafter “instant guarantee contract”) with E.S. during the guarantee period from October 23, 2015 to July 31, 2016, and E.S. case issued a guarantee certificate to the Plaintiff, the guarantee creditor.

B. 1) E.S. case did not pay wages, material costs, and rents to collaborative companies during the construction process, and the construction was suspended from February 6, 2016. 2) Accordingly, the Plaintiff urged E.S. case to pay unpaid wages, etc. on February 11, 2016, and notified E.S. case that the construction is not resumed on February 15, 2016, that the contract may be terminated on the ground of the violation of Article 16(3) and (23) of the terms of the instant subcontract agreement, and that the construction is not resumed thereafter, the Plaintiff issued E.S. case’s notice of termination of the instant subcontract on February 17, 2016.

3. On February 17, 2016, the Plaintiff agreed on the settlement amount of 546,935,840 won for reinforced concrete construction works between E.S. and E.I.D., and on February 29, 2016, E.S. reinforced concrete construction was not completed between E.I.D. and E.D. Construction.