1. The defendant is about 358,894,078 won to the plaintiff Hojin Construction Industry Co., Ltd. and about 122.

1. Basic facts

A. The Plaintiff Songjin Construction Industry Co., Ltd. (hereinafter “Plaintiff Yang Jin Construction Industry”), the Plaintiff Yang Jin Yang Construction Co., Ltd. (hereinafter “Plaintiff Yang Jin Construction”), and the Defendant Intervenor A Co., Ltd. (hereinafter “A”) are both companies with construction business purposes. The Defendant Intervenor B is the representative director of the Plaintiff Yang Jin Construction Industry.

Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) is a company whose business purpose is guarantee insurance, and other businesses permitted under the Insurance Business Act and the Insurance Business Act and subordinate statutes.

B. On August 26, 2015, the Plaintiffs contracted for 14 sections for C Apartment Construction (hereinafter “instant prime construction”) from a real estate investment company specialized in the management of the public rental development specialized in Neyp No. 4 Co., Ltd. (hereinafter “the instant prime construction company”). On August 26, 2015, the Plaintiffs concluded a subcontract (hereinafter “instant subcontract”) with the amount of KRW 2,493,168,00 (including value-added tax) for land and appurtenant works among the prime construction company A and the instant prime construction company, for the contract amount of KRW 8,010,000 (including value-added tax) for the construction site, and for each construction period from August 26, 2015 to October 23, 2017.

C. On September 2, 2015, the Defendant and the instant subcontract concluded a contract for performance guarantee (hereinafter “instant contract for performance guarantee”) with each of the following terms: (a) the purchase price of insurance was KRW 249,316,800 for soil and appurtenant works; (b) the purchase price of insurance for construction works was KRW 801,00 for construction works; and (c) the insured as the Plaintiffs; and (d) the insurance period was from August 26, 2015 to December 22, 2017 for each of the contract for performance guarantee (hereinafter “instant contract for performance guarantee”).

Of the contents of the instant contract for performance guarantee, the parts relevant to this case are as follows.

[Ordinary Terms and Conditions] Article 6 (Compensation for Damages) provides that a contractor, who is a debtor, shall enter into a contract entered into an insurance policy (hereinafter “principal contract”).