1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 25, 2012, the Defendant, who runs a construction business with D’s trade name, was awarded a subcontract for retaining wall and fence construction work at KRW 105,00,000 for construction cost (excluding value-added tax) among the construction works for cooking, freezing and food plant expansion works located in Pakistan from the Sungil Construction Industry Co., Ltd. (formerly, Sungil Construction Industry Co., Ltd.; hereinafter “non-party company”).

(hereinafter “instant subcontract”). According to Article 4(3) of the instant subcontract, if damage was incurred due to the rescission or termination of a contract by the defendant or the non-party company, a claim for damages may be made to the other party, and there is no provision for forfeiture of the contract bond.

B. On May 27, 2013, the Defendant entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff and the insured on May 27, 2013, between May 25, 2013 and July 25, 2013, with the insurance period from May 25, 2013 to July 25, 2013, with the insurance amount of KRW 10,50,00 (hereinafter “instant guarantee insurance contract”), and the Selection B jointly and severally guaranteed the Defendant’s obligation under the instant guarantee insurance contract.

C. The terms and conditions of the Guarantee Insurance Contract relating to the instant case are as follows.

Article 6 (Compensation for Loss) The Company is bound to compensate for the loss suffered by the insured who is the obligee because the contractor, as the obligor, fails to perform the obligation stipulated in the contract(s) entered in the insurance policy.

Article 7 (Payment of Insurance Proceeds) (1) Insurance proceeds to be paid by a company shall be the amount to be forfeited or forfeited to the insured, as stipulated in the principal contract.

However, if the principal contract does not include any forfeiture or reversion clause of the contract bond, I will be the actual amount among the amounts claimed by the insured to the extent of the contract bond.

Article 22 (Indemnification and Subrogation) (1) Where a company pays insurance money to an insured worker in kind.