1. The Defendant’s KRW 41,481,837 as well as the Plaintiff’s KRW 6% per annum from November 4, 2015 to November 12, 2015.

1. Basic facts

A. On May 11, 2015, the Defendant concluded a construction contract between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) under which the construction cost is KRW 198,00,000,00 for the supply of and installation works for steel-frames other than reinforced concrete construction works in tunnel management stations and secondary substations (hereinafter “instant construction contract”). On July 27, 2015, the Defendant changed the said construction cost to KRW 240,460,000.

B. On June 3, 2015, the Plaintiff entered into an advance payment guarantee contract to secure advance payment (hereinafter “instant advance payment guarantee contract”) with the Defendant as KRW 40,200,000, with the auxiliary intervenor and the insured amount as KRW 40,200,00, respectively, and entered into a performance guarantee insurance contract to secure performance deposit (hereinafter “instant performance guarantee contract”) with the insured as its auxiliary participant and the insured amount as KRW 19,80,000.

C. In addition, on July 27, 2015, the Plaintiff changed the insurance amount of the instant performance guarantee contract to KRW 24,046,000 upon the change of the construction cost of the instant construction contract with the Defendant.

On October 6, 2015, the Intervenor filed a claim with the Plaintiff for insurance proceeds under the instant advance payment guarantee agreement and the performance guarantee agreement on the grounds of the Defendant’s nonperformance of the instant construction contract. On November 3, 2015, the Plaintiff paid KRW 17,435,837 under the advance payment guarantee agreement and KRW 24,046,00 under the performance guarantee agreement to the Intervenor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, 10, 11 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, a policyholder, has paid the insurance money to the Plaintiff in a lawful manner by satisfying the requirements for the payment of the insurance money upon the Plaintiff’s claim of the insurance money.