1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2, 2013, the Plaintiff entered into a prime contract and submitted a performance bond for construction work (i) the construction work for the secondary passenger terminal connected to Incheon International Airport from the Korea Rail Network Authority (hereinafter “instant prime contract construction work”).

(2) On August 1, 2013, the Plaintiff submitted to the Korea Rail Network Authority a performance bond, which is a guarantee creditor, for the instant original contract, with a total construction cost of KRW 374,04,05,00,000, and for the total construction period of KRW 59,146,000,000,000, the contract amount of KRW 147,865,00,000, and the guarantee period of KRW 374,045,00,000, from August 31, 2013 to September 30, 2017.

B. On November 25, 2013, the Plaintiff changed its trade name to “Tyang Construction Co., Ltd.” on February 26, 2014;

hereinafter referred to as "large-scale construction"

2) Of the instant prime contractor, the instant prime contractor’s construction “top and structure (2)- topumbX (2)” (hereinafter “the instant prime contractor’s construction”) refers to the instant subcontractor’s construction project.

(2) The Plaintiff subcontracted the construction amount of KRW 20,339,935,00, and the construction period from November 25, 2013 to September 30, 2017 (hereinafter “instant subcontract”).

(2) On December 23, 2013, Daeyang Construction entered into a contract guarantee agreement with the Defendant to guarantee the Plaintiff (hereinafter “instant guarantee agreement”) and was issued a contract guarantee certificate relating thereto.

The terms and conditions applicable to the instant guarantee agreement (hereinafter “instant guarantee agreement”) are as follows.

Article 3 (Guarantee Accidents) (1) The debtor shall not enter into a contract without justifiable grounds.