1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 29, 2013, the Plaintiff contracted for KRW 2,266,200,00 with Dwork, and subcontracted to F Co., Ltd. (hereinafter “F”) on February 17, 2014 KRW 1,127,50,000 during the said work (the amount is KRW 676,50,000 for construction cost, KRW 348,50,000 for labor cost, and KRW 102,50,000 for value-added tax).

(hereinafter referred to as “instant contract and subcontract”. (b)

The parts related to this case in the subcontract of this case are as follows.

Article 22 (Advance Payment) (1) A (the same shall apply hereinafter) has paid advance payment to B (F; hereinafter the same shall apply) as stipulated in the contract, as stipulated in the contract.

(c) Where a person placing an order receives advance payment from the person placing an order, he/she shall pay advance payment to a person who receives it within 15 days from the date of receipt (where he/she received advance payment before entrustment, the date of entrustment) of such advance payment in accordance with the details and ratio of the advance payment he/she receives so that he/she may commence such work;

(5) An advance payment shall be settled by the following formula whenever the price for a completed portion is paid:

Amount adjusted in advance = Amount received in advance 】 Amount equivalent to the price of completed portion / Contract amount

C. Meanwhile, on February 17, 2014, in order to secure the obligation for the return of advance payment under the instant subcontract, F entered into a guarantee agreement for advance payment with the Defendant, with the amount of KRW 189,750,00, the base amount for calculating advance payment (contract) as KRW 744,150,000, the contract amount as KRW 1,127,50,000, the guarantee amount as well as the guarantee period from February 19, 2014 to December 4, 2014, the guarantee creditor as the Plaintiff (hereinafter “the guarantee agreement for advance payment of this case”), and issued it to the Plaintiff upon obtaining a guarantee agreement for advance payment from the Defendant.

The terms and conditions of guarantee contained in the instant advance payment guarantee agreement are as follows.

Article 1 (Guarantee Responsibility) (1) CF (the plaintiff and the association hereinafter referred to as the "association") shall be less than a contractor.