1. The Plaintiff and the Defendant against the Defendant based on the construction contract concluded on August 1, 2014.

1. Basic facts

A. On August 1, 2014, the Plaintiff entered into a construction contract with the Defendant on April 30, 2015 (hereinafter “instant contract”) with regard to the construction work “D” on the ground of Gyeonggi-gu Gyeonggi-gun, Gyeonggi-do, for total construction cost of KRW 1,180,000,000, the defect repair deposit rate of KRW 10%, and the scheduled completion date of construction works (hereinafter “instant contract”).

around that time, the Plaintiff entered into an insurance policy with respect to the instant construction project with Seoul Guarantee Insurance Co., Ltd., 118,000,000 won, and the Defendant’s performance guarantee insurance contract with respect to the instant construction project and issued the bond to the Defendant.

Written Agreement (Written Agreement on Waiver of Building Activities)

1. The contractor (Plaintiff) has been performing the construction work on the relevant site in accordance with the contract form entered into with the contractor (Defendant) but discontinues the construction work until March 20, 2015 and terminates the contract;

2. The contractor who has waived the construction in the middle following the termination of the contract for construction between the contractor and the contractor shall waive all kinds of claims arising in connection with the cancellation of the contract and shall waive all rights of retention at the construction site concerned;

4. In relation to repair of defects, where a defect arises with respect to a construction project undertaken by a contractor by no later than the date (as of March 20, 2015) the contractor shall actively repair the defect.

B. Around March 2015, the Plaintiff discontinued the instant construction work in a situation where the high-speed rate of work was approximately 50%, and the Plaintiff and the Defendant agreed on March 20, 2015 (hereinafter “instant agreement”).

C. Since then, the Plaintiff claimed KRW 118,00,000 for insurance money to Seoul Guarantee Insurance Co., Ltd. based on the above performance guarantee insurance policy.

2. The assertion and judgment

A. The Plaintiff 1’s assertion was agreed upon by the instant agreement, and at the time, the original Defendant did not express a special agreement on compensation for damages or a declaration of intent to withhold the claim. Thus, the Plaintiff against the Defendant.