1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 28, 2013, the Plaintiff entered into a subcontract construction contract between the Plaintiff and the Yewon Construction (hereinafter “Ywon Construction”).

2) The construction works of soil and reinforced concrete (hereinafter referred to as “instant construction works”) among the construction works of building the north-west Circulation Road that the Plaintiff and the Changwon-si contracted from the Changwon-si.

As to the construction cost of KRW 3.25 billion, and the subcontract contract for construction work between January 28, 2013 and November 1, 2013 (hereinafter “instant subcontract”).

(2) Article 25-1(1) of the General Subcontract Terms of this case provides that “When the construction of the plaintiff or the tugboat is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract (Article 25-1(1)),” “if the construction of the tugboat commences the procedure for default, bankruptcy, or corporate reorganization, or fails to pay the site unpaid amount for not less than one month, or the payment ability is not recovered (Article 25-1(2)), the plaintiff or the tugboat construction may terminate all or part of the subcontract of this case when the contract is not performed within the specified period after the written notice of the performance of the contract is given.”

B. On February 7, 2013, the contract for performance guarantee and the contract for advance payment guarantee was concluded between the Defendant and the guaranty creditor, and the contract for performance guarantee with the content that, if the instant subcontract is terminated due to the nonperformance of the obligation to pay damages to the Plaintiff due to the nonperformance of the guarantee creditor, from January 28, 2013 to November 1, 2013, the contract for performance guarantee was concluded between the Defendant and the guarantee creditor, within the limit of KRW 3250 million,000,000,000,000 for advance payment related to the instant subcontract, and the Defendant, from February 7, 2013 to May 18, 2013, the guarantee contract for advance payment was concluded between the guarantee creditor and the guarantee creditor, and from January 28, 2013 to November 1, 2013 to the guarantee period of KRW 320,500,000,000,000 from July 18, 2013;