1. The Defendant’s KRW 148,211,200 as well as 3.5% per annum from March 17, 2016 to February 17, 2017 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who has awarded a contract for E (hereinafter “instant construction”) to a joint contractors (each share ratio of 64%, 20%, 16%, 16%, hereinafter “instant joint contractors”) composed of B Co., Ltd. (hereinafter “B”), C Co., Ltd. (hereinafter “C”), and D Co., Ltd. (hereinafter “D”). The Defendant is a person who guaranteed the performance of B’s obligation to return advance payment.

B. On February 17, 2016, the Plaintiff entered into a construction contract (hereinafter “instant contract”). On February 17, 2016, the Plaintiff entered into a contract between the instant joint contractor and the instant joint contractor with a contract amount of KRW 14,456,00,000 as to the instant construction project, and the construction period from February 17, 2016 to December 31, 2016 (hereinafter “instant contract”). Article 43 (Direct Payment, etc. of Price) of the General Conditions for the Construction Contract (1) where the other party to the contract falls under any of the following subparagraphs, the contracting officer shall consider that the other party requested the subcontractor to pay the price under Articles 39 and 40 of the Framework Act on the Construction Industry, and shall directly pay the relevant subcontractor the price on which the other party to the contract has to submit a payment guarantee certificate regarding the subcontractor under the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry, and where the other party to the contract fails to comply with the payment guarantee certificate regarding the subcontractor’s.

(B) pay the subcontractor and material or equipment business operator in cash, and the payment details of the subcontract consideration, etc. (the recipient, the amount paid, the payment date, etc.) shall be five days (excluding holidays and Saturdays).

The authority awarding the contract and the construction supervisor shall be notified.