1. In relation to the performance (Advance) guarantee insurance contract modification securities, the Plaintiff’s obligation to the Defendant is 87.

1. Basic facts

A. On July 11, 2013, the Defendant entered into a subcontract with the construction period from July 11, 2013 to October 8, 2013 with respect to the lecture construction (hereinafter “instant construction”) during the Plaintiff and B construction work (hereinafter “instant construction work”); and accordingly, on July 12, 2013, the Plaintiff issued a performance guarantee insurance policy with the purchase price of KRW 297 million to the Defendant (contract).

B. On July 26, 2013, the Defendant paid 89,100,000 won to the Plaintiff according to the instant subcontract agreement.

C. After that, on October 8, 2013, the Plaintiff and the Defendant concluded the instant subcontract modification contract as the construction period of the instant subcontract was extended from July 11, 2013 to March 31, 2014. Accordingly, the Plaintiff issued each of the instant insurance policy to the Defendant on January 23, 2014 (contract) contract modification securities, and (Advance payment) contract modification securities (hereinafter “instant insurance policy”).

On March 27, 2014, the instant subcontract was cancelled on the grounds of non-approval of the instant subcontract by the Korea Highway Corporation, which is the ordering authority, and around that time, the Plaintiff and the Defendant did not reach settlement consultation, and the Defendant claimed insurance money of KRW 89,100,000 against the Seoul Guarantee Insurance Co., Ltd. based on the instant insurance policy.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1 through 8 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s assertion (1) the items to be deducted from the advance payment of KRW 89,100,000,000 that the Plaintiff received from the Defendant are ① KRW 40,000,000 paid to the Pung Forest Industry (hereinafter “Pung Industry”); ② the labor cost of KRW 23,169,122 paid to C for the management of the subcontract of this case.