1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Conclusion of a subcontract agreement with the Plaintiff and Ulsan Construction Co., Ltd. and payment guarantee of the Defendant’s subcontract price 1) Ulsan Construction Co., Ltd. (hereinafter “Sulra Construction”).

) The Korea Highway Corporation was awarded a contract with the Korea Highway Corporation for the first section of the 10, 104 Highway Refrigeration and Refrigeration construction works, and on April 5, 2010, the installation and removal of soundproof walls among the above construction works (hereinafter “instant construction works”) to the Plaintiff.

The subcontract was subcontracted. On July 25, 2014, the period of construction was from April 5, 2010 to December 12, 2014, and the total contract amount was finally determined at KRW 12,849,782,00 (hereinafter “instant subcontract”) without distinguishing between the changed contract and the changed contract.

(2) On April 5, 2010, the Defendant entered into a payment guarantee contract for subcontract consideration with the amount of KRW 1,658,834,950 for the Ulsan Construction and the instant construction, subcontract amount of KRW 8,598,282,00, guarantee creditor, Plaintiff, guarantee creditor, and guarantee period from January 1, 2014 to March 31, 2015 (hereinafter “payment guarantee contract of this case”) (hereinafter “payment guarantee contract of this case”), and the main part of the payment guarantee contract of this case is to pay the Plaintiff’s obligation (hereinafter “guarantee accident”) in accordance with the terms and conditions as stated in this guarantee contract.

Article 3 (Limits of Performance of Guaranteed Obligations) The deposit to be paid by the Defendant shall be, within the limit of the amount guaranteed under this Guarantee, the amount which is recognized by the standards of Article 7 from among the construction charges actually incurred by the plaintiff's execution until the date of performance of the contract stated in the front Guarantee Statement.

However, the following amounts shall not be included:

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