1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 5, 2013, the Defendant entered into a construction contract with the Intervenor, the Intervenor, the Intervenor, and the Plaintiff’s Intervenor, with respect to the 00 Special Co., Ltd. for the disposal of sewage for the New Airport (hereinafter “instant construction”) to the construction cost of KRW 202,803,740, and the construction period from July 5, 2013 to June 30, 2014, to which the general terms and conditions of the construction contract and the special conditions of the construction contract are to be incorporated into part of the contract (hereinafter “instant construction contract”).

B. At the request of the Intervenor, the Defendant approved the extension of the air on a total of four occasions, and the termination date of the instant construction contract was extended by May 14, 2015.

C. The Plaintiff and the Intervenor concluded two advance payment guarantee insurance contracts (hereinafter “each guarantee contract of this case”) as shown in the separate sheet in order to guarantee the performance of the obligation to return advance payment under the instant construction contract concluded with the Defendant. D.

According to the instant construction contract, the Defendant paid to intervenors KRW 7,00,000 as the first advance payment and KRW 126,504,460 on March 14, 2014, pursuant to the instant construction contract, on July 29, 2013.

E. On the other hand, on September 17, 2014, the Intervenor entered into a subcontract with a limited partnership company with a patent method on sewage treatment method (hereinafter “non-party company”) and a limited partnership company with a construction cost of KRW 168,300,000 (hereinafter “instant subcontract”).

[Evidence] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 3, Eul evidence No. 1-3, Eul evidence No. 2-1, 2, Eul evidence No. 3, Eul evidence No. 4, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Defendant’s assertion that the parties concerned asserted (A) requested the Intervenor to submit a statement of the use of advance payment by January 16, 2015, but the Intervenor failed to submit a statement of the use of advance payment by the said deadline, and justifiable grounds.