1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 4, Eul evidence 1, 2, and 3 (including each number in the case where there are serial numbers), the witness's testimony and the whole arguments:

On May 28, 2014, the Plaintiff entered into a construction contract with the Defendant to pay the above contract deposit (hereinafter “instant contract”). The Plaintiff entered into a guarantee insurance contract between the Seoul Guarantee Insurance Co., Ltd. to guarantee the Defendant that the Defendant will pay the Plaintiff’s contract bond of KRW 29,559,640 (including value-added tax) among the apartment construction works of the “SVP World” (hereinafter “instant construction”) with the cost of KRW 295,596,400 (including value-added tax), and the construction period from June 1, 2014 to February 28, 2015, with the contract deposit of KRW 10%, and the contract bond of the construction contract that the Defendant would receive from the Defendant’s surety Co., Ltd. for the payment of the said contract deposit. Meanwhile, the Plaintiff received from the Defendant’s surety Co., Ltd. to the Defendant for the payment of the said contract deposit of KRW 29,59,640 (including value-added tax), and issued it to the Defendant.

However, the Plaintiff issued a payment guarantee for the return of the foregoing advance payment, and issued a guaranty insurance policy for KRW 88,678,920 issued by the Seoul Guarantee Insurance Co., Ltd. on May 29, 2014 to the Defendant pursuant to an agreement to receive the said advance payment from the Defendant, and issued a promissory note of KRW 88,678,920 on June 2, 2014 from the Defendant as of October 2, 2014.

C. However, the Defendant did not have the Plaintiff receive materials from the construction site on October 12, 2014.