1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

1. Facts of recognition;

가. 원고(반소피고, 이하 ‘원고’)는 2014. 3. 17. 피고(반소원고, 이하 ‘피고 B회사’)에게 ‘C ＃1, 2호기 Air Duct’ 제작 및 납품공사를 계약금액 993,814,800원(부가가치세 포함)에, ‘C ＃1, 2호기 Yard(Gas) Duct’ 설치공사를 계약금액 2,530,000,000원(부가가치세 포함)에 도급주었다.

B. On March 28, 2014, Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) guaranteed the contract bond (10% of the contract amount) under the instant construction contract against the Plaintiff.

C. On October 15, 2014, Hyundai Construction, which is the place of ordering the instant construction, directly handled the instant construction project, and notified KHPT Co., Ltd and Defendant B, the contractor, to suspend the construction.

Accordingly, the Defendant Company transferred the construction in progress to KHPT and suspended the construction work.

[Ground for recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3 submitted by the plaintiff on December 17, 2015 and evidence Nos. 2 and 3 submitted by defendant B on December 18, 2015; hereinafter the same shall apply);

The purport of all pleadings

2. Determination on the main claim

A. The main point of the claim is that the instant construction project was interrupted by the subcontractor’s filing a civil petition with the subcontractor and the contractor’s notification of the discontinuance of construction work on the ground that the Defendant Company failed to pay the construction cost to the subcontractor. As such, the instant construction contract between the Plaintiff and the Defendant Company was terminated by the Defendant Company’s failure to perform the said contract.

Therefore, Defendant B Company shall return to the Plaintiff the remainder of KRW 1,004,945,71 (1,426,010,990- - 421,065,2790- - 421,065,279) from KRW 1,426,01,065,279, which was paid by the Plaintiff as the payment for the construction cost, and Defendant Seoul Guarantee Insurance is obligated to pay to the Plaintiff the contract deposit of KRW 352,381,480 (10% of the contract deposit for the instant construction contract) under the instant construction contract.