1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 4, 2016, the Plaintiff entered into a performance guarantee insurance contract and a joint and several surety agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) and the insured company (hereinafter “D”) are companies operating the business of designing and manufacturing and installing plants with the main office located in Kimpo-si H, Kimpo-si, and the same mutual insured Co., Ltd. D is a company operating the business of industrial plant engineering with the main office located in the Geumcheon-gu Seoul Metropolitan Government I Building and J.

On the same day, C, the representative director of the non-party company, respectively, concluded each performance guarantee insurance contract (contract) (contract) as follows, and the guarantee insurance contract (securities number F, “instant 1 Guarantee Insurance Contract” and “instant 2 Guarantee Insurance Contract”). On the same day, C, the representative director of the non-party company, jointly and severally guaranteed the non-party company’s liability for indemnity to be borne by the plaintiff according to each of the above insurance contracts.

Insurance policy holders' subscription amount covered by the insurance coverage period of Non-party company FD 94,60,000 won from February 29, 2016 to May 31, 2016 under the supply contract, the insurance coverage period of non-party company GD 189,200,000 won from March 3, 2016 to May 31, 2016, including the insurance coverage period of non-party company G D D D 189,200,000 won.

B. Upon the occurrence of an insurance accident and the Plaintiff’s payment of insurance proceeds on May 31, 2016, D, the insured, paid to the Plaintiff the insurance amount based on the first guarantee insurance contract of this case on December 2, 2016, and the insurance amount claim based on the second guarantee insurance contract of this case on November 25, 2016. Accordingly, on December 23, 2016, the Plaintiff paid KRW 174,340,000 (=94,60,000,000) as the insurance amount to D, the insured, pursuant to the instant performance guarantee insurance contract of this case.

C. On November 17, 2016, the non-party company, the principal contractor of the Guarantee Insurance Contract Nos. 1 and 2 of this case, filed an application for commencement of the bankruptcy procedure of the non-party company and the disposition of the non-party C.