1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The court's explanation on this part of the basic facts is about the fourth decision of the first instance.

In addition to adding "(s) to "(s) the contract performance bond to 10% of the contract amount" in the first and second parts of the first, the contract performance bond was determined as 10% of the contract amount," as stated in the corresponding part of the reasoning of the judgment of the first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The Plaintiff’s summary of the Plaintiff’s assertion did not complete the instant construction work by October 31, 2012, which is the deadline for completion following the instant construction contract’s primary change (hereinafter “the deadline for its initial completion”). As such, the Plaintiff extended the deadline for the completion of the instant construction work to NIN by December 15, 2012, the extension of the deadline for the completion of the instant construction work to NIN by December 15, 2012 would not affect the nature of the guarantee accident that occurred after the occurrence of the guarantee accident, and thus, the Defendant should pay the Plaintiff the amount equivalent to the contract performance bond under the instant guarantee contract.

B. 1) The Plaintiff’s claim of this case is a guarantee accident within the guarantee period of the instant guarantee agreement. As such, first, we examine what is the guarantee accident under the instant guarantee agreement. 2) The term “accident” refers to an uncertain accident that specifies the insurer’s obligation to pay the insurance money in the insurance contract. As such, in the performance guarantee insurance contract, what is the specific insurance accident should be determined by taking into account the details of the insurance clause included in the contract and the insurance policy and the main contract in which the insurance clause is cited.

(See Supreme Court Decisions 98Da25177 delivered on March 24, 2000, and Supreme Court Decision 2004Da16976 delivered on April 28, 2006, etc.). 3 and 1.