1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 31, 2012, the Defendant entered into a contract for the design and supervision of construction and extension of educational and research facilities (hereinafter “instant service contract”) with a private teaching institute for a school foundation (hereinafter “ordinary university”) on a contract basis of KRW 144,400,00 (design Services 64,40,000,000, supervision Services 80,000). The Defendant agreed that the term of the contract for the design service shall be from February 2, 2012 to May 1, 2012; the term of the contract for the supervision service shall be ten days from the date of commencement of the construction; and the term of the contract for the supervision service shall be 60 days from the date of commencement of the construction; and the term of the contract guarantee shall be 60 days additional to the term of the contract.

B. According to Article 4(1) of the General Conditions of the Technology Services Contract, which is a part of the instant service contract, the contract bond will be reverted to the school expenses of the upper region school, when the Defendant fails to perform contractual obligations.

C. On January 31, 2012, the Defendant entered into a performance guarantee insurance contract for the contract deposit of the instant service contract with the Plaintiff and the insured as the shopping college (hereinafter “instant performance guarantee insurance contract”), and submitted to the shopping college a performance guarantee insurance policy issued by the Plaintiff instead of paying the contract deposit of KRW 14,440,000 in cash.

The content of the instant guarantee insurance contract is that the Plaintiff compensates for the contract bond to be forfeited or forfeited by the insured as the Defendant did not perform its obligations under the instant service contract, and the insurance period from January 31, 2012 to June 30, 2012.

On June 8, 2012, the Superior University notified the Defendant of the termination of the instant service contract on the grounds that the Defendant did not comply with the instant service contract, and filed a claim against the Plaintiff on the same day.

E. After hearing the opinions of the Defendant and the upper district school, the Plaintiff paid KRW 14,440,000 insurance money to the upper district university on April 18, 2013.

【Ground for recognition” has no dispute, and Gap 1 through 7, respectively.