1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The contract for the construction work of Ulsan Construction Co., Ltd. and the performance guarantee contract of the Construction Mutual-Aid Association is concluded 1) Ulsan Construction Co., Ltd. (hereinafter “Uulra Construction”).

) The Korea Highway Corporation’s construction section 1 of the national expressway No. 10 and 104 (hereinafter “instant construction”) from the Korea Highway Corporation.

123,844,00 won (after this, the work price has been changed to KRW 162,493,673,00;

Money included in value added tax and hereinafter the same shall apply.

2) The Construction Mutual Aid Association concluded a guarantee agreement with the Korea Highway Corporation, a guarantee creditor, to perform the instant construction contract instead of performing the instant construction contract’s obligations (hereinafter “the instant performance guarantee agreement”).

B. On April 5, 2010, the Plaintiff was awarded a subcontract for the installation and removal of soundproof walls during the instant construction from Ulsan Construction (hereinafter “instant subcontracted construction”).

On July 25, 2014, the said subcontract was finally determined as KRW 12,849,782,000 for the total contract amount from April 5, 2010 to December 12, 2014 on the end of the construction period and the total contract amount on five occasions.

(hereinafter referred to as the "instant subcontract" without distinguishing between the two contracts, and the last revised contract shall be referred to as the "instant subcontract," and the price for the part constructed by the Plaintiff according to the instant subcontract shall be referred to as the "instant subcontract price."

(1) On October 7, 2014, the construction mutual aid association and the Defendant’s guarantee construction consignment agreement were concluded. On October 7, 2014, the Seoul Central District Court applied for the commencement of the instant construction to the Korea Highway, and notified the Korea Expressway Corporation that it would waive the instant construction. The Korea Expressway Corporation applied for the performance guarantee under the instant performance guarantee contract to the construction mutual aid association. (2) The construction mutual aid association around January 26, 2015.