1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 12, 2006, Jin Heavy Industries and Composition Construction Co., Ltd. (hereinafter “Composition Construction”) contracted with the Korea Atomic Energy Research Institute (hereinafter “instant construction”) with respect to waterproof Construction Co., Ltd. (hereinafter “the instant waterproof Construction”) among the instant construction works (hereinafter “instant waterproof Construction”) as follows. 367,40,000 won (including additional dues, and the subcontract period as amended on January 17, 2008) for the subcontract price (hereinafter “the instant waterproof Construction”). From September 12, 2006 to May 6, 2006, to September 28, 2008 (the amended period of May 10, 2008)

B. On March 5, 2008, Hanjin Heavy Industries Co., Ltd. and Composition Construction Co., Ltd. entered into a subcontract agreement with the Plaintiff on the instant copyrighted works (hereinafter “instant painting works”). Subcontract 138,60,000 won (including surtax) during the construction period from March 5, 2008 to May 6, 2008

C. The Defendant concluded each of the following payment guarantee contracts for subcontract consideration with the constituent construction.

(hereinafter referred to as the “payment guarantee contract of this case”). From September 19, 2006 to May 6, 2008, 2000 won of the instant waterproof construction work 17,806,550 won from March 5, 2008 to May 6, 2008, for the guarantee period under the guarantee term contract of this case from September 12, 2006 to the date of concluding the contract.

D. Among the construction cost paid to the Plaintiff with respect to the waterproof Construction in this case and the painting Construction, each of the promissory notes paid to the Plaintiff was in arrears as follows:

On October 31, 2008, a person who defaulted on October 31, 2008 (Defendant discount) incurred in the instant painting work in the amount of KRW 40,000,000,000,000,000 on the date of the final settlement of the face value of a Promissory Notes No. 19203,9203 4,000,000,000 won by the person who defaulted on October 31, 2008 (Defendant discount) on November 30, 2008

E. On January 13, 2009, the Plaintiff paid a security deposit to the Defendant for the construction cost that the Plaintiff had not received from the formation and construction.