1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Costs of appeal and costs of filing an application for the return of provisional payments.

1. The reasoning for this case by the court of first instance is the same as that for the judgment of the court of first instance, except for the following cases. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Article 6(2) of the instant advance payment guarantee clause provides that “No increased debt shall be paid because a guarantee obligee neglects to notify a guarantee accident or to request the performance of guaranteed obligations without justifiable grounds.” Although the Defendant requested the submission of materials necessary for reviewing the calculation of advance payment guarantee amount on or before December 5, 2014, the Plaintiff submitted relevant materials and requested the performance of guaranteed obligations on or before March 26, 2015, and accordingly, requested the Defendant to pay advance payment deposit on or before May 7, 2015. As such, the Defendant had no choice but to delay the payment of advance payment deposit. As such, as stipulated in the said provision, on February 4, 2015 (the Defendant’s bid and contract execution criteria for the Government tender and contract execution under Article 35 of the Enforcement Decree of the said advance payment clause) (the public official in charge of contracts shall, where he/she intends to pay advance payment, return such materials to the Federation or the Small and Medium Enterprise Cooperatives Association established under Article 37(2) of the Enforcement Decree of the said Act or the Forestry Cooperatives Act, a public institution or fisheries association established under the Act.