1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 6% from October 2, 2015 to January 14, 2016.

1. Basic facts

A. On July 28, 2015, the Intervenor A entered into a contract for the completion and completion of a newly-built house (hereinafter “instant construction contract”) with the Defendant on the following terms, and A paid the Defendant a down payment of KRW 30 million.

A shall pay the remainder of KRW 16 million to the defendant after 180 days from the completion of the construction.

Provided, That it shall be paid by the defendant to A within 15 days of the publication of defective performance securities.

When using alternative materials and products outside the agreement, A's consent shall be obtained.

The completion of construction shall be until August 31, 2015, and 16 items of construction including external work after completion shall be achieved until September 15, 2015.

B. On August 3, 2015, the Plaintiff concluded a guarantee insurance contract between the Defendant and the insured for the payment guarantee of advance payment under the instant construction contract (hereinafter “instant insurance contract”) with the amount of insurance coverage of KRW 30 million from August 3, 2015 to August 31, 2015, and between August 31, 2015.

C. According to the instant insurance contract, the Plaintiff paid the amount to be returned by A, the insured, due to the Defendant’s failure to perform his/her obligation under the instant construction contract, as insurance proceeds, and the Defendant paid the insurance proceeds to A, and the Defendant paid the said insurance proceeds and damages for delay.

However, the Defendant did not complete the construction within the construction period under the instant construction contract, and not only did the Defendant did not have solid enough to the extent that it does not damage the materials such as heat, etc., and there was a defect to the extent that it is necessary for reconstruction such as the wooden work of the wall, the small room, the living room, the floor of the entrance room, etc.

E. Accordingly, A seeks the termination and restitution of the instant construction contract to the Defendant on September 1, 2015 on the ground of the Defendant’s nonperformance.