1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On September 27, 2010, an Urban Construction Industry Co., Ltd. (hereinafter “Urban Construction Industry”) subcontracted to the Gyeonggi-do Construction Headquarters a building project among the “Ban-Song River Packing Construction Co., Ltd.” that was awarded a contract from the Gyeonggi-do Construction Headquarters for the “Ban-Song River Packing Construction” (hereinafter “Private Construction”).

(hereinafter referred to as the “instant subcontract” in which the civil construction is subcontracted, and the said subcontract is referred to as the “instant subcontract”).

B. The construction period stipulated in the instant subcontract is from September 27, 2010 to May 31, 2013. The contract amount is KRW 789 million for earth and sand construction (the first phase) and KRW 518 million for reinforced concrete construction (the first phase), KRW 18 billion for earth and sand construction (the second phase), KRW 1 billion for earth and sand construction (the second phase), KRW 696 million for reinforced concrete construction (the second phase).

[This part of the scope of the instant construction has been changed and expected to enter into an additional contract for reinforced concrete construction work equivalent to KRW 532,90 million, and KRW 502,000,000.

In order to guarantee the performance of the project in this case in relation to the urban construction industry, the civil construction is to pay in cash the contract bond of an amount equivalent to 10% of the contract amount or to issue a guarantee certificate issued by the guarantee organization such as the defendant.

Accordingly, around September 27, 2010, from September 27, 2010 to July 30, 2013, the period of guarantee from the Defendant issued a contract guarantee to the urban construction industry with the amount equivalent to 10% of the above contract amount [the amount equivalent to 78,90,000 won [the first unit of soil works, the first unit of works, the first unit of works, the 51,800,000 won of reinforced concrete works (the second unit), the soil works (the second unit), the 1970,000 won of reinforced concrete works (the second unit), the second unit of works), and the second unit of works].

(hereinafter referred to as the above, the above contract guarantee contract concluded between the urban construction industry and the defendant is referred to as the “instant contract guarantee”).

On the other hand, the civil construction is around March 29, 201.