1. Defendant B Co., Ltd. and C jointly and severally against the Plaintiff KRW 400,000,000 and KRW 210,000 among them, Defendant B.

1. Basic facts

A. (1) On July 4, 2016, the day before the instant lawsuit was filed, the Plaintiff received a decision on commencing rehabilitation procedures as the Chuncheon District Court 2016 Mahap501, which was the date of filing the instant lawsuit. A appointed as a custodian filed the instant lawsuit. On February 19, 2018, the Plaintiff again taken over the instant lawsuit as a result of the completion of the instant rehabilitation procedures. On March 17, 2016, the Plaintiff and Defendant B took over the instant lawsuit proceedings again. The instant construction works are deemed as “D project”’s 2, 3, and 4 construction works among the instant construction works ordered by both-guns of Gangwon-do (hereinafter “instant construction works”).

(3) As to the contract amount (including value-added tax) and the period of construction from March 17, 2016 to September 11, 2017 with respect to the subcontract agreement of this case (hereinafter referred to as “instant subcontract agreement”) which provides that the contract amount shall be KRW 0.1% of the contract amount per delay interest rate (hereinafter referred to as “instant subcontract”).

The contents of the instant subcontract are as follows. Among the contents of the instant subcontract, Article 12 (Guarantee, etc.) (1) The principal contractor (Plaintiff) guarantees the subcontractor (Defendant B) to pay the contract amount stipulated in this contract within 30 days from the date of conclusion of the contract (where the means of payment are bills, by the due date, and by the due date, if the means of payment are the substitute means of payment for bills, by the due date of redemption

and the subcontractor shall guarantee to the principal contractor the performance of the contract in an amount equivalent to 10/100 of the contract amount.

Provided, That this shall not apply where the payment guarantee for the construction price is not required or inappropriate.

(2) Where a guarantee for the payment of construction price is not required or inappropriate, a principal contractor shall execute such guarantee within 30 days from the date such cause ceases to exist.

Provided, That this shall not apply where the guarantee is not required in consideration of the remaining period of the contract, the expiration rate of the object, the remaining amount, etc.

(8) Article 38 (1) shall apply to a principal contractor who fails to perform his/her contractual duties.