1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 4, 2011, the Plaintiff entered into a subcontract (hereinafter referred to as the “subcontract”) with respect to the steel frame construction (hereinafter “instant construction”) among the construction works of the Seocho-dong Green Association (hereinafter “the Green Association”) that was awarded a contract for the Green Association of Loves (hereinafter referred to as the “Eves Association”) for the construction period from October 4, 201 to April 30, 201, the Plaintiff entered into a contract with each of the parties (hereinafter referred to as the “instant subcontract”).

B. On October 19, 201, with respect to the instant construction project, in order to guarantee the payment of the subcontract price, the Defendant and the guaranty creditor, the guaranteed amount, the guaranteed amount, the amount of 4,189,565,210 won, and the guarantee period from October 4, 201 to April 30, 2013, with respect to the instant construction project. If the instant subcontract contract is not paid due to the suspension of current account transactions, bankruptcy, or the commencement of rehabilitation procedures, the Defendant entered into a payment guarantee contract for the subcontract with the purport that the Plaintiff shall be paid the unpaid construction price within the said guarantee period, within the scope of the guaranteed amount.

(hereinafter “instant payment guarantee contract”). C.

The Plaintiff commenced construction in accordance with the instant subcontract and completed the instant construction before April 30, 2013, which is the completion date stipulated in the said contract.

On April 5, 2013, the Plaintiff and Dual Construction drafted a subcontract settlement agreement (Evidence A) with the content that the contract amount of the instant contract is increased by KRW 20,075,00,000 from KRW 544,50,000 to KRW 20,619,50,000,000 (Evidence A) (The above agreement entered KRW 18,250,000 as the original contract amount, and KRW 18,745,00,00 as the modified contract amount, which is the amount excluding value-added tax; hereinafter referred to as “the instant settlement agreement”) and the contract amount of the instant subcontract as of April 30, 2013.