1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 9, 2013, the Plaintiff entered into a transaction agreement with A (hereinafter “instant transaction agreement”).

According to the instant transaction agreement, the Plaintiff provided B with the premium of KRW 30,000,000 in Daegu Suwon-gu D, and provided that B shall return KRW 30,000,000 to the Plaintiff at the time of termination of the agreement.

(Article 7). (b)

B On September 24, 2013, in order to guarantee the repayment of the premium upon termination of the agreement, the Defendant and the insured were the Plaintiff, and entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee agreement”) with the content of the guarantee “payment guarantee for the return of subsidies (the premium) pursuant to the C beauty shop transaction agreement,” the insurance amount of KRW 30,000,000, and the insurance period from September 24, 2013 to September 23, 2014.

Article 6 of the terms and conditions of the instant performance guarantee agreement provides that "the defendant shall compensate for the loss suffered by the insured who is the creditor by failing to perform the obligation stipulated in the contract (limited to the obligation whose execution date is within the insurance period) entered in the insurance policy."

C. B filed an application for individual rehabilitation on September 1, 2014 and rendered a final decision to commence individual rehabilitation on November 25, 2014 while making a transaction pursuant to the instant transaction agreement with the Plaintiff.

(F) On May 18, 2015, the Plaintiff notified B of the purchase of KRW 3.27 million until May 31, 2015, and the termination of the contract or the repayment of subsidies upon failure to deposit KRW 3.190,000,000,000, and on May 21, 2015, the Plaintiff filed a claim against the Defendant for the payment of the insurance money under the instant performance guarantee agreement on the ground that “B’s individual rehabilitation application and payment ability is nonexistent.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 6, Eul evidence 1-1, 2, Eul evidence 2-5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion B of this case.