1. Revocation of the first instance judgment.

2. The construction contract entered in the attached Table between the Plaintiff and the Defendant, which was concluded on May 22, 2017.

1. The reasons for this part of the basic facts are as follows, except for the addition of the following items following the fourth page of the judgment of the court of first instance as stated in the corresponding part of the grounds of the judgment of the court of first instance. Thus, this part of the basic facts are cited by the main sentence of Article 420 of the Civil Procedure Act.

E. Since then, the Defendant filed a claim for the performance guarantee insurance with F based on the performance guarantee insurance policy received from the Plaintiff as described in the foregoing Paragraph.

2. The gist of the Plaintiff’s assertion expressed the intent to unilaterally cancel the instant construction contract by sending content-certified mail without any cause attributable to the Plaintiff. The Plaintiff did not have a duty to pay the Defendant the contract deposit under the instant construction contract (hereinafter “instant contract deposit”).

Therefore, the Plaintiff seeks confirmation of the absence of the obligation to pay the instant contract performance bond against the Defendant.

3. Determination as to whether there is a benefit of confirmation

A. The litigation for confirmation of relevant legal principles requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when obtaining a judgment of confirmation is the most effective means to eliminate the Plaintiff’s rights or legal status’s imminent anxiety and danger.

A lawsuit for confirmation is not necessarily limited to a legal relationship between the plaintiff and the defendant, but can also be the legal relationship between the plaintiff and a third party or between the third party. However, in relation to such legal relationship, it is necessary to immediately confirm the legal relationship as the object of confirmation in order to eliminate the risks or apprehensions existing in the plaintiff's rights or legal status. In addition, it is the benefit of confirmation that it becomes the most effective and appropriate means.

(See Supreme Court Decision 2014Da208255 Decided March 15, 2017, etc.). B.

Judgment

In accordance with the above legal principles.