1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 2015, New Co., Ltd. entered into a contract with the Plaintiff for the construction of a neighborhood living facility and hospital on the ground of 933-1 Simdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and the Plaintiff entered into a contract with Seobu Construction Co., Ltd. (hereinafter referred to

(hereinafter referred to as the “instant subcontract”) b.

The Defendant’s performance of the instant construction within the scope of KRW 71,50,000,00 for the Seobu Construction from July 16, 2015 to June 30, 2016.

“The” issued a contract performance guarantee certificate (hereinafter “instant contract performance guarantee certificate”). At that time, Seobu Construction submitted the instant contract performance guarantee certificate to the Plaintiff. (c) On November 30, 2015, the Defendant issued a subcontract price guarantee certificate (hereinafter “instant contract payment guarantee certificate”) to the Plaintiff within the scope of KRW 23,901,000 for subcontract price from November 1, 2015 to September 28, 2016.

On January 13, 2016, on the 15th of the same month, and on the 19th of the same month, the Plaintiff had repeatedly verified that the instant construction was performed and the payment of equipment rent, etc. to the traders. However, on January 22, 2016, the Plaintiff notified the termination of the instant subcontract to the Western Construction.

[Grounds for Recognition: Each entry in Gap evidence 1 to 5, 12, and the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff suffered damages equivalent to KRW 30,792,262 on the wind that the Plaintiff’s alleged construction failed to perform the instant construction, and the Defendant issued the instant performance guarantee and guaranteed the Defendant’s obligation to compensate for the damages. As such, the Defendant is liable to pay KRW 30,792,262 to the Plaintiff and its delay damages.

B. The Defendant’s assertion is within 30 days from July 16, 2015, pursuant to Article 13-2(1) of the Fair Transactions in Subcontracting Act.