The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On March 19, 2019, the Plaintiff entered into the instant contract: (a) the Plaintiff determined the construction period from March 19, 2019 to June 30, 202; (b) the construction contract amount of KRW 1,150,000 (excluding value-added tax); and (c) advance payment of KRW 149,50,000 (13% of the supply price); and (d) the construction of reinforced concrete in construction works for heat supply facilities ordered by E (hereinafter “instant construction”).

) the terms and conditions of the contract to be executed (hereinafter referred to as “instant contract”).

(2) According to the instant contract, the non-party company shall pay advance payment to the Plaintiff, and the amount calculated by the following formula at each time the advance payment is made.

(O) The settlement amount of advance payment = (amount equivalent to the consideration for advance portion / contract amount) 】 The non-party company paid the Plaintiff the amount of advance payment KRW 149,50,000 on March 27, 2019, and KRW 852,572,640 on the aggregate of the progress payments from May 31, 2019 to July 31, 2019. (b) The Plaintiff concluding the instant performance guarantee insurance contract with the Defendant on March 27, 2019, as follows (hereinafter “instant performance guarantee insurance contract”).

(2) The Defendant entered into a contract and issued an advance payment policy to the non-party company.

Insurance policy holder's name of the non-party company insured as the insured, C Insurance Period of March 25, 2019 to June 30, 2020, 149,500,000 won of the purchase of insurance.

C. One of the discontinuance of the instant construction and the payment of insurance proceeds, while the instant construction was suspended due to the Plaintiff’s on-site workers’ failure to pay labor costs and construction costs. Accordingly, the Plaintiff’s failure to pay to Nonparty Company for the instant construction work on October 7, 2019 has a number of problems in carrying out the instant construction work, and the Plaintiff’s failure to pay money, balance, and balance arising from the previous construction process during the said construction work.