1. The plaintiff's claim is dismissed.

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

On October 8, 2012, A Co., Ltd. (hereinafter referred to as “A”) entered into a subcontract for construction works (hereinafter referred to as “first contract”) with the effect that the construction period of the machinery and equipment works (hereinafter referred to as “instant subcontracted works”) from October 8, 2012 to September 30, 2014, among the southyang-D construction ordered by the Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) by the CHousing Construction Project Association, shall be determined as the construction period from October 8, 2012 to September 30, 2014, and the completed portion shall be paid once a month but shall be paid within 60 days from the date of receipt of the object.

A entered into a contract on July 22, 2013 with Dongbu Construction and the instant subcontract price of this case to increase the amount of KRW 4,516,850,920 (hereinafter “the first modified contract”), and entered into a contract on September 30, 2014 to December 31, 2014, which changed the period of the instant subcontract construction from October 8, 2012 to December 31, 2014, and entered into a settlement agreement with the effect that the construction price shall be increased to KRW 4,564,29,000.

(2) On October 19, 2012, the Defendant issued a payment guarantee certificate for the subcontract price (hereinafter referred to as “the first guarantee certificate”) for KRW 3,806,161,200 of the subcontract price to A according to the payment guarantee contract with the East Construction for the guarantee of the payment of the subcontracted project in this case (hereinafter “the instant guarantee contract”). The Defendant issued a payment guarantee certificate for the subcontract price (hereinafter referred to as “the guarantee contract”) from October 8, 2012 to September 30, 2014 for the guarantee period, from October 8, 2012 to September 30, 2014; and the Defendant issued a payment guarantee certificate for the subcontract price to KRW 710,689,720 for the construction price (=4,516,850,920 - 3,806,161,200,000 for the guarantee period (hereinafter referred to as “the guarantee contract in this case”) to A.

The term of guarantee stated in the back of the first guarantee shall be limited to the amount guaranteed under this guarantee, and the deposit to be paid by the defendant shall be stated in the front guarantee from the date of guarantee period.