1. Defendant Hea Construction Co., Ltd. shall pay to the Plaintiff KRW 154,453,038 and its amount from March 1, 2016 to the date of full payment.

1. Basic facts

A. On May 12, 2015, the Plaintiff was awarded a contract with the Korea Internet and Security Agency for the “New Construction of Office Buildings Relocated to Local Areas to Korea Internet and Security Agency,” and on May 12, 2015, the Plaintiff awarded a subcontract for the said construction of reinforced concrete (hereinafter “instant construction”) at KRW 1,952,590,000 for construction cost (hereinafter “instant contract”).

B. On April 29, 2015, the Defendant Daii Construction entered into a guarantee agreement on the advance payment of the instant contract (hereinafter “instant guarantee agreement”) with the Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) and issued it to the Plaintiff upon obtaining a guarantee agreement from the Defendant Mutual Aid Association. On May 17, 2015, the Plaintiff paid advance payment of KRW 585,77,000 (excluding value-added tax) to the Defendant Daii Construction.

C. Article 33(6) of the instant contract provides that advance payment shall not be used for any purpose other than the purpose of the contract. Article 33(8) of the instant contract provides that advance payment shall be settled according to the nature and nature of the advance payment, and the remainder shall be returned after adding interest to the advance payment. Defendant Hea Construction is useful without depositing KRW 289,959,615 out of the advance payment received from the Plaintiff in the trust account under the agreement with the Plaintiff. Accordingly, the Plaintiff demanded the return of advance payment to Defendant Hea Construction on July 31, 2015 and August 10, 2015, but Defendant Hea Construction terminated the instant contract on August 21, 2015 because it did not comply therewith.

Until the termination of the instant contract, Defendant Heungi Construction continued construction, and had approximately 11.3% high interest rate, and filed a claim for the payment for completed portion on July 1, 2015 and August 21, 2015, the Plaintiff filed a claim for the payment for completed portion on two occasions, and the Plaintiff calculated by deducting KRW 29,801,350, which was settled as advance payment, of KRW 9,336,530 on August 4, 2015, KRW 69,535,180, and KRW 121,31,759 on August 25, 2015.