1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Application for the return of appeal costs and provisional payments.

1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of Gap evidence Nos. 1, 4, 5-5, Gap evidence Nos. 5-7, Gap evidence No. 11-3, 4, 8, 9, 11, 12, Gap evidence No. 13, Eul evidence Nos. 1 and 14, and the overall purport of arguments.

As of December 7, 201, the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a contract with D on December 7, 201, under which the Plaintiff entered into the construction period of molding construction (hereinafter “instant subcontracted construction”) from among the construction works for the first apartment complex (hereinafter “instant entire construction works”) and the Plaintiff entered into a contract with D on December 7, 201 to October 30, 201, setting the construction period of KRW 3.7 billion for the contract deposit and the contract cancellation period as follows (hereinafter “instant subcontracted construction contract”).

Contract deposit - Contract deposit 370 million won, which is 10% of contract deposit, shall be determined as KRW 370 million.

- The performance bond may be substituted by the performance bond.

Provided, That D shall submit a contract performance guarantee to the Plaintiff within seven days after the contract is concluded (the Plaintiff may unilaterally terminate the contract when the contract is not submitted within the period), and if the contract is not fully or partially performed, the contract performance guarantee shall be reverted to the Plaintiff.

Cancellation of a contract - The plaintiff or D of Article 25 (1) 2 of the Subcontract Contract of this case may terminate all or part of the relevant contract when the contract is not implemented within the same period after the written notice is given by setting a period of time (day or month) in the following cases:

Plaintiff

If it is deemed that D is unable to achieve the purpose of the contract due to the violation of the terms and conditions of the contract, the Plaintiff may terminate the contract at will if the following circumstances arise: and the progress payment until the date of notice of termination of the contract shall be handled by the Plaintiff at will.

D With respect to the construction price of D, seizure, provisional seizure, mortgage, etc. from a third party.