1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) was subcontracted to the instant construction of reinforced concrete (hereinafter “instant construction”) by Ess Integrated Construction Co., Ltd. (hereinafter “Es Integrated Construction”), a contractor for the new construction of “D apartment-type factory” on the land of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Es Integrated Construction”).

B. On August 13, 2013, Defendant Company concluded a performance guarantee insurance contract with the Plaintiff (hereinafter “instant guarantee insurance contract”) with the following content in order to lease the necessary temporary materials from the instant construction, and guarantee the performance of the obligation under a lease agreement (a repayment obligation of rent and object of lease).

Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract.

Insured: Details of guarantee of KRW 70,000,000: From August 13, 2013 to December 31, 2013: Rent in a lease contract for temporary materials and the period of guaranteeing the repayment of debts for returning leased objects: From August 13, 2013 to December 31, 2013

C. On August 13, 2013, the Plaintiff entered into a lease agreement between E and August 13, 2013, stipulating that temporary materials shall be leased at the instant construction site from August 13, 2013 to December 31, 2013 (hereinafter “instant lease agreement”). D.

E on July 14, 2014, the Defendant Company filed a claim with the Plaintiff for insurance proceeds on the ground that the Defendant Company failed to meet the obligation to pay rent of KRW 32,261,764, out of the rent for the portion from August 2013 to December 2013.

Accordingly, on August 5, 2014, the Plaintiff paid insurance money of KRW 32,261,164 to E.

(hereinafter referred to as "the insurance proceeds of this case"). (e) The insurance proceeds of this case paid as above.

Meanwhile, according to the instant guarantee insurance contract, where the Plaintiff did not perform the obligation or obligation of the policyholder guaranteed by the Plaintiff and the policyholder and the joint guarantor pay the insurance money to the insured, and the Plaintiff paid the insurance money to the Plaintiff.