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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Urban Industry Construction Co., Ltd. (hereinafter “Urban Industry Construction Co., Ltd.”) concluded a subcontract agreement (hereinafter “instant subcontract agreement”) on September 27, 2010 with respect to the soil works and reinforced concrete construction works (hereinafter “Private Building”) among them after being awarded a contract with the Gyeonggi-do Construction Headquarters for the “Syan-Syan-Syan-Syan Construction Construction” (hereinafter “Syan-Syan Construction”) (hereinafter “instant subcontract agreement”), and entered into a guarantee agreement with the Defendant for the instant construction works (hereinafter “instant guarantee agreement”), and the content thereof are as follows.
① The Defendant paid advance payment of KRW 120 million in the amount of KRW 120 million in the amount of the first section of the earth and sand construction; KRW 789 million in the amount of the Defendant’s security; KRW 789 million in the amount of the Defendant’s security; KRW 100 million in the amount of the advance payment of KRW 120 million in the amount of the public-private partnership construction; ② the Defendant’s advance payment guarantee of KRW 120 million in the amount of the first section of the reinforced concrete construction; ② the Defendant’s guaranteed amount of KRW 518 million in the amount of the first section of the reinforced concrete construction; KRW 518 million in the amount of the guaranteed amount (10% in the contract amount); ③ the Defendant’s guaranteed amount of KRW 1.97 billion in the second section of the earth and sand construction; KRW 197 billion in the amount of the guaranteed amount of the Defendant’s security deposit (1.6 billion in the contract amount); and ④ the amount of KRW 2500,000 in the instant construction.
B. On August 201, the civil construction discontinued the instant construction project.
C. On June 5, 2012, the Plaintiff was issued a promissory note notarial deed (hereinafter “instant notarial deed”) with respect to loans worth KRW 757 million from the urban construction industry on April 26, 2007, and upon receipt of an order for seizure and attachment of bonds issued by Suwon District Court 2012 as the Suwon District Court 2012 No. 9867, August 3, 2012 with respect to the bonds of KRW 757 million as to which urban industrial development has against the Defendant.