1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following order of payment shall be revoked.

1. Basic facts

A. On May 27, 2009, the Plaintiff entered into the instant contract. On May 27, 2009, the Plaintiff newly built the agricultural products distribution center in Gwangju Mine-dong 1052 (hereinafter “instant newly built construction”).

As to the construction work, the non-party ELD Construction Co., Ltd. (hereinafter “ELD Construction”).

In addition, 24,90,000,000 won (23,245,60,000,000 won for the part of a construction work, and 1,654,40,00 won for the part of a fire-fighting construction work) with a fighting industry corporation.

(2) As of June 1, 2009, June 1, 2009, and November 30, 2010, and as of November 30, 2010, each contract agreement for construction works (hereinafter “instant contract agreement”) shall be determined as either the contract bond 2,65,440,000 won

2) Of the general conditions of the construction contract included in the instant contract, the main contents relevant to the instant case are as follows.

Article 6 (Deposit for Contract) (1) The ELD Construction shall pay in cash (including cashier's checks available for settlement in the relevant region) or the plaintiff as the insured by the contract execution bond, etc. of an amount equivalent to at least 10/100 of the contract amount until the date of conclusion of the contract, and shall pay the amount by contract performance guarantee bond, etc.

Article 7 (Disposition of Contract Bond) (1) If ELD Construction fails to perform any contractual obligation without justifiable grounds, the contract bond shall revert to the plaintiff.

Article 37 (Cancellation or Termination of Contract) (1) Where ELD Construction falls under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the relevant contract:

Provided, That in the case of subparagraph 3, the cancellation or termination shall be made;

(c) Where construction works are not completed or are unlikely to be completed by the deadline for completion due to a cause attributable to ELD Construction;

4. Where it is deemed impossible to perform normal construction works due to a default on ELD Construction, etc.

B. The instant guarantee agreement.