1. The Defendant shall pay to the Plaintiff the amount of KRW 69,211,716 and KRW 47,966,660 among them, from March 23, 2016 to the date of full payment.

1. Basic facts

A. On March 11, 2016, the Plaintiff entered into a construction contract between the Defendant and the Defendant to construct the Plaintiff’s B’s facility construction cost of KRW 649,310,840, and the payment of the advance was decided to apply Chapter X of the Contract Rules (Standards for the Enforcement of Government Tender Contracts) (Article 7 of the Special Conditions for Construction Contracts attached to the Contract Agreement).

(hereinafter “instant construction contract”). B.

Around the time of the instant construction contract, the Defendant concluded a contract performance and an agreement for refund of advance payment with the Plaintiff as the insured with respect to the instant construction contract with C Cooperatives, and submitted the said guarantee to the Plaintiff. On March 23, 2016, the Plaintiff paid KRW 450,000,000 to the Defendant for the advance payment of the instant construction contract.

C. On December 27, 2016, the Plaintiff calculated the payment rate of KRW 72.96% on the part of the Defendant’s performance of construction works, and KRW 473,705,234 on the payment of the advance payment that was already paid to the Defendant, and settled KRW 328,297,853 on the payment of the advance payment, and paid KRW 145,407,380 on the remainder of the advance payment to the Defendant on December 29, 2016.

On June 9, 2017, the Defendant submitted a written rejection of the waiver of construction due to the aggravation of management status, and on July 20, 2017, the Plaintiff notified the Defendant of the cancellation of the instant construction contract.

E. On July 13, 2017, the Plaintiff and the Defendant prepared a written protocol of inspection on completion of the verification that the completion amount was KRW 404,493,517 ( already completed rate of KRW 62.29%), the base amount was KRW 473,705,233 ( already completed rate of KRW 72.95%) and the excess amount was KRW 69,211,716.

F. On August 17, 2017, the Plaintiff was paid KRW 127,677,222 (unpaid advance payment of KRW 121,702,147 and agreed interest rate of KRW 5,975,075) from C Cooperatives.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers), Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion is merely 62.29% of the non-performance rate of the part performed by the Defendant among the instant construction contract.