The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. The plaintiff is a company whose purpose is the manufacturing business of metal products for structural use, and the defendant is a company that aims at civil engineering work business, construction work business, etc.

B. The Plaintiff and the Defendant’s official mission around July 2018: D’s early installation of an outdoor sports hall, name of payment: Supply of materials from a roof board, contract amount: KRW 74,800,00 (including value added taxes) among outdoor sports center extension works at D’s early installation, and contractual terms: In addition, the attached specifications are as specified in attached Form 1;

Delivery Period: from July 31, 2018 to September 20, 2018: Cash 100% (the issue terms of guarantee for payment), and 22,440,000 won after payment within 10 days after the contract was made, and 52,360,000 won after the receipt of the remainder completion payment was made.

(c)

On August 3, 2018, the Plaintiff paid KRW 22,440,00 as advance payment to the Plaintiff on August 8, 2018: The Plaintiff paid KRW 22,440,00 as advance payment payment under the supply contract: the Defendant, the insured amount: KRW 22,440,00 under the supply contract; and the content of the guarantee: The Defendant paid KRW 22,440,00 as advance payment to the Plaintiff on August 8, 2018.

(d)

The Defendant’s claim for the construction cost against the original office was seized by the Defendant’s obligee, and thus, the issuance of a letter of guarantee for the payment of the price was impossible. On August 10, 2018, the Defendant notified the Plaintiff of the said fact.

E. The supply contract between the Plaintiff and the Defendant was amended two times since then, and finally, the delivery period: from July 31, 2018 to October 25, 2018: Cash 100% (the issue terms of guarantee for payment) and the payment of KRW 22,440,000 after payment of KRW 22,360,00 within 10 days after the contract was made (hereinafter “instant contract”). F. Although the Plaintiff installed an economic car equivalent to KRW 1,358,40 among September 2018, the Defendant’s letter of guarantee for payment was not issued.