1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 7, 2013, the Defendant agreed to set the construction cost of the second-class neighborhood living facilities (hereinafter “instant building”) on the land outside Dong-gu, Gangnam-gu, and the second-class neighborhood living facilities on the ground (hereinafter “instant building”) as KRW 2,475,00,000 for the construction cost to the Gangseo-gu General Construction Co., Ltd. (hereinafter “GGD Construction”).

B. On March 25, 2013, the construction of the instant building was subcontracted in KRW 2,109,000,000 for the construction cost of the instant building to Tae Young-gu Development Co., Ltd. (hereinafter “ Tae Young-young Development”), and Tae Young-young Development subcontracted the part of the instant building construction (hereinafter “instant construction”) to the Plaintiff on March 27, 2013 for construction cost of KRW 750,000,000, and the Plaintiff further subcontracted the instant construction work to C on March 28, 2013 for construction cost of KRW 650,000,000.

C. On May 11, 2013, the Defendant guaranteed the payment of KRW 750,000,000 for the construction cost within two months upon completion of the instant construction work to the Plaintiff.

On July 20, 2013, the Plaintiff left the construction site of this case without completing the instant construction work, and the completion rate of the instant construction work, which the Plaintiff continued until the discontinuance of the instant construction work, is 87.34%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 (including Serial number; hereinafter the same shall apply), appraiser D's appraisal result, inquiry and reply to D, the purport of the whole argument

2. Determination

A. The fact that the highest ratio of the construction of this case’s construction is 87.34% as to the cause of the claim is identical to the facts acknowledged earlier. Thus, the amount of the construction of this case’s construction is 655,050,000 won (=750,000,000 x 0.734).

Meanwhile, the Plaintiff received a total of KRW 215,00,000 from the Defendant, and the Defendant paid KRW 274,871,103 on behalf of the Plaintiff’s subcontractors C and material suppliers. Thus, the Defendant, barring any special circumstance, is a person.