1. The Defendant’s KRW 113,30,000 as well as 20% per annum from July 18, 2014 to September 30, 2015 to the Plaintiff.

1. Basic facts

A. The Plaintiff and the Nonparty Co., Ltd., Ltd. (hereinafter “Central Construction”) were awarded a contract for the construction of the A Elementary School Teachers and its ancillary facilities ordered by the Seongbuk-do Seongbuk District Office of Education (hereinafter “A Elementary School Construction”) by organizing a joint supply and demand organization (hereinafter “joint supply and demand organization for the Plaintiff”) with the method of joint performance.

B. The contents of Article 3 of the Joint Supply and Demand Agreement by the Plaintiff is as follows.

Article 3 (Members of Joint Contractor) (2) The representative of Joint Contractor shall be the plaintiff.

(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the joint contractors, request for payment, etc.

C. On March 25, 2013, the Plaintiff’s joint contractor entered into a subcontract for construction works with regard to reinforced concrete construction (hereinafter “instant construction works”) among the new construction works at A elementary school (hereinafter “instant construction works”), with the construction period fixed from March 26, 2013 to August 10, 2013 (including value-added tax). On June 20, 2013, the Plaintiff entered into a subcontract for construction works to increase the construction amount of KRW 72,60,000 to the original contract amount of KRW 13,00,000 (including value-added tax). The main content of the subcontract is as follows.

Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and road construction shall guarantee each other the execution of contracts and the payment of contract price in the following manners:

1. The method of guaranteeing the performance of the contract in an amount equivalent to 10% of the contract amount to the Plaintiff.

1. The Construction Mutual Aid Association and the Specialized Construction Mutual Aid Association shall be the same guarantee institution;