1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 2009, C Co., Ltd. (hereinafter “C”) entered into a contract for the construction of machinery and equipment and fire-fighting equipment and installation works (hereinafter “instant construction”) among the said new apartment construction works executed by Japan Construction Co., Ltd. and Japan Construction Co., Ltd. (hereinafter “Japan Construction, etc.”) upon receiving an order from D reconstruction and Maintenance Project Association upon receiving an order from D reconstruction and Maintenance Project Association, and continued the instant construction work on or around July 2009, while continuing the construction work.

B. After that, on December 23, 2009, the Defendant was awarded a subcontract for the remainder of the instant construction works from the Japanese Construction, etc. for the period of 905,548,895 won, 5% of the warranty bond rate, and 3 years of warranty liability period.

C. Meanwhile, with respect to the construction work in force at the time, C entered into a contract for performance guarantee of KRW 152,600,000 as security and a contract for guaranteeing the repair of defects of KRW 107,735,578 as guaranteed amount (hereinafter “each guarantee contract of this case”). D.

C. On January 14, 2010, the Korea Facilities and Equipment Construction Mutual Aid Association between the Defendant and C transferred the C contribution certificates to the Korea Facilities and Equipment Construction Mutual Aid Association. On January 14, 2010, the Defendant acquired C’s contribution certificates, and the Korea Facilities and Equipment Construction Mutual Aid Association, agreed to take over C’s primary obligation and joint and several liability under each of the instant guarantee agreements, and to take over C’s obligation that may result in the future (hereinafter “instant agreement”). On the same day, C completed the change of entry in the name of the Defendant as to the Korea Facilities and Equipment Construction Mutual Aid Association 109 (hereinafter “instant contribution certificates”).

E. The instant construction was completed around August 2010, and the completion inspection was completed on September 3, 2010.

F. C around August 2015, the instant agreement is terminated (hereinafter “instant termination”).