1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 27, 2011, Dae-si General Construction Co., Ltd. (hereinafter “Large Construction Co., Ltd.”) concluded a construction contract for the construction of officetels to be newly built in Kui-gu, Young-gu, Young-si (hereinafter “the instant construction contract”), with a Dawon Co., Ltd. (hereinafter “Dawonco”) at KRW 6,93,900,000,000 for construction cost.

B. When entering into the instant construction contract, on July 27, 201, the Dae General Construction entered into an insurance contract with the Defendant for performance guarantee (hereinafter “instant guarantee insurance contract”) which constitutes a performance guarantee contract amounting to 763,389,000 of the guaranteed amount pursuant to the terms and conditions which include the following (hereinafter “instant guarantee insurance contract”), and issued the “performance guarantee insurance policy” to B and C for the payment of the contract deposit.

Article 1 (Compensation for Loss) The Company (hereinafter referred to as the “Company”) shall compensate for the matters entered in the insurance policy and the contract bond to be forfeited or forfeited to the obligee, for the failure of the policyholder, as the obligor, to perform the obligations under the contract (hereinafter referred to as “principal contract”) entered in the insurance policy.

Article 2 (Compensation for Non-Compensation) The Company shall not compensate for the following losses:

(1) Damage caused by a natural disaster, war, internal disturbance, or any other similar disturbance which makes it impossible to perform the obligation. (2) Damage caused by a cause attributable to the insured.

§ 6 (Termination of Contracts) (1) The Insured shall terminate or terminate the contract before claiming insurance proceeds.

(2) The insured status.