1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. The court's explanation on this part of the basic facts is the same as the corresponding part, except that the "725,160,000" in Part 20 of the judgment of the court of first instance is "725,160,000," and the "4,949,604," in Part 5 of Part 4 is "4,946,604," and it is also the same as the corresponding part, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and its judgment

A. According to the facts of recognition of the occurrence of the guaranteed accident and the guaranteed liability, STX Construction, as of July 22, 2013, shall prepare a “statement of waiver of construction,” submit it to the Plaintiff as of July 22, 2013, and enter into an agreement on the change in the ratio of investment among the joint contractors, and thereby, STX Construction is no longer able to perform the obligation to return the advance payment of this case, and thus, STX Construction cannot perform the obligation to return it, it shall be deemed that the guaranteed accident as stipulated in the instant guarantee agreement has occurred on the same day. Unless there are special circumstances, the Defendant is liable to pay the Plaintiff

B. 1) As to the Plaintiff’s claim for the payment of KRW 120,363,00 with the unpaid advance payment and the delay damages, the Defendant asserts that, after the 1st inspection date of February 28, 2013, the payment of the remainder construction of the STX construction has been abandoned and the ratio of investment has been changed to 0% until July 22, 2013, 2013, the payment of the completed amount of the STX construction is KRW 247,701,096, calculated by 30% of the total amount of the completed payment of the KTX construction without relation to the actual construction of the STX construction, and thus, the amount excluding the direct payment to the Plaintiff’s subcontractor, from the advance payment, should be deducted from the advance payment. 2) In light of the nature of the pre-paid payment of the contract for the construction work, the contract should be rescinded or rescinded after paying the advance payment.