1. The Plaintiff’s performance (in advance) between the Plaintiff and the Defendant on March 11, 201 pursuant to a guarantee insurance contract between the Plaintiff and the Defendant on March 35.

1. Determination as to the cause of claim

A. The facts of recognition (1) Two Industries Co., Ltd. (hereinafter “Yansan Heavy Industries”) was awarded a contract with the Korea Southern Heavy Industries Co., Ltd. for the 1, 2-year preparation work.

(2) Around January 2011, the Plaintiff and Yellow Construction Co., Ltd. (hereinafter “Yelsan Construction”) entered into a joint supply and demand agreement with the two industries regarding “Joint Subcontractors: Yellow Construction: Yellow Construction: Yellow Construction: Yellow Construction: Yellow Construction; Yellow Construction; 85%, and Plaintiff 15%, respectively.”

(3) On February 25, 2011, the two industries subcontracted the three-dimensional lux 1 and two-way comparison projects (sitely designated construction-2 construction site) among the construction works described in paragraph (1) to the said joint supply and demand contractors consisting of the Plaintiff and Yellow Construction.

(4) On March 4, 2011, Yellow Construction concluded a guarantee insurance contract with the Defendant for the payment guarantee of advance payment pursuant to the instant subcontract (hereinafter “instant subcontract”). The period of insurance was KRW 5,621,198,000, and the period of insurance was from March 4, 2011 to April 29, 201.

(5) Thereafter, on March 11, 2011, the Defendant concluded a performance guarantee insurance contract in which the Plaintiff was added as a policyholder among the contents of the said guarantee insurance contract.

(6) The two industries secured the instant insurance contract and paid Yellow Construction KRW 5,621,198,000 as advance payment for the instant subcontracted work.

However, as the Yellow Construction failed to comply with the instant subcontract, the two construction notified the termination of the instant subcontract to the Yellow River Construction on April 3, 2012.

(7) On April 16, 2012, two industries notified the Defendant of the payment of the above amount under the instant insurance contract, while the two industries failed to settle KRW 120,098,000 among the above advance payments, and the Defendant was on December 11, 2012, the two industries.