1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 8, 2016, the Plaintiff entered into a subcontract between D Co., Ltd. (hereinafter “D”) and D Co., Ltd. (hereinafter “D”) with respect to the construction of water pipes and their affiliated construction (one section) among E Co., Ltd. supplied by the Korea Water Resources Corporation (II), with the construction cost of KRW 1,827,10,000, the construction period from March 8, 2016 to December 15, 2019, and the contract deposit of KRW 182,710,000 (hereinafter “instant subcontract”).

B. The standard subcontract form (main sentence) of construction business contained in the instant subcontract includes the following contents:

Article 12 (Guarantee, etc. of Payment) (1) (main sentence) of the Standard Subcontract Form for Construction Business, and the subcontractor (D) shall guarantee the principal contractor to perform the contract in an amount equivalent to 10/100 of the contract amount.

(3) Guarantee between a principal contractor and a subcontractor under paragraph (1) shall be paid in cash or issued by a guarantee agency, and shall be notified immediately to the other party when a guarantee contract is modified or terminated.

(8) Where a principal contractor cancels or terminates a contract in whole or in part pursuant to Article 38 (1) and (2) because the subcontractor has failed to perform his/her contractual duties, the principal contractor may request the guarantee agency to pay the amount equivalent to the loss incurred from the cancellation or termination of the contract, and where the subcontractor has paid in cash, the amount equivalent to the loss shall revert

Article 38 (Cancellation or Termination of Contracts) (1) A principal contractor or subcontractor may cancel or terminate all or part of this contract in writing, if any ground falling under any of the following subparagraphs occurs:

3. Where the principal contractor or the subcontractor is deemed unable to perform this contract due to serious business causes, such as the default on payments of bills and checks, compulsory execution (including provisional seizure and provisional disposition), and application for bankruptcy and rehabilitation procedures by a third party;