1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

1. Basic facts

A. 1) The Plaintiff entered into a contract with the Defendant on June 22, 2016, as well as D Corporation from the Defendant (hereinafter “instant construction”).

A) The construction cost of KRW 110,00,000 (including value-added tax), contract deposit of KRW 22,00,000,000, and the construction period from June 27, 2016 to August 25, 2016 (this later was extended to August 31, 2016).

) the terms and conditions of the contract for supply and demand specified therein (hereinafter referred to as “instant contract”).

(2) The main terms of the construction contract included in the contents of the instant contract are as follows.

Article 3 (Deposit for Contract) (1) Except as otherwise provided, the Plaintiff shall pay the contract deposit set forth in the contract prior to the conclusion of the contract to the relevant employees in cash.

Provided, That in lieu of cash, it may be paid with securities, etc. under Article 119 (2) 1 through 4 of the Enforcement Decree of the Budget and Accounts Act.

Article 4 (Disposition of Contract Bond) (1) If a plaintiff fails to perform his/her contractual obligations, the contract bond reverts to the defendant.

Article 18 (Inspection) (1) Upon completion of construction, the Plaintiff shall notify the contracting officer of the completion report in writing and shall undergo a necessary inspection.

Article 23 (Payment of Price) (1) When the plaintiff has passed the inspection under Article 18 after the completion of the work, he may request the payment of price.

Article 29 (Cancellation of Contract) (1) In case where the plaintiff falls under any of the following subparagraphs, the defendant may cancel or terminate the contract in whole or in part:

2. Where it is evident that construction work has not been completed or is unlikely to be completed by the deadline due to the plaintiff's cause attributable to the applicant.

4. Where the contract terms are violated and the purpose of the contract cannot be achieved due to such violation.

B. On August 26, 2016, the Plaintiff entered into a guarantee agreement.