1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is a stock company with the objective of civil engineering and construction work, and the defendant is a partnership established pursuant to the Framework Act on the Construction Industry for the purpose of various guarantees, financing and mutual aid business necessary for the members engaged in construction business to engage in construction business.

On April 29, 2016, the Plaintiff entered into a subcontract between the Plaintiff and C, as the principal contractor of “two facilities construction works, such as storage facilities,” among D projects ordered by the Armed Forces Finance Management Body, a subcontract agreement between the Plaintiff and C with respect to construction works of Section 2 among the said construction works, with respect to Pyeongtaek-si, construction period from April 29, 2016 to June 30, 2017, with respect to Pyeongtaek-si, construction period from April 29, 2016 to June 30, 2017, contract amount of KRW 7,144,50,000 for contract deposit, and contract deposit of KRW 714,450,00 for contract deposit (hereinafter “instant construction contract”).

Upon C’s request, the Plaintiff registered the F Bank G account in the name of C (hereinafter “instant F Bank account”) as the settlement account for construction price.

On June 14, 2016, the Defendant concluded a guarantee contract for advance payment for KRW 95,732,992 (hereinafter “instant guarantee contract”) with the Plaintiff under the instant construction contract and issued a letter of advance payment guarantee (hereinafter “instant letter of guarantee”) to the Plaintiff.

Under the letter of guarantee of this case, the amount of security deposit is KRW 995,732,92, the amount of advance payment is KRW 995,732,92, the contract amount is KRW 7,144,50,000, and the contract owner is C, and the special article column states, “Advance payment under this letter is liable for guarantee only when it is deposited into the account number I (the account holder: C; hereinafter “the joint management account”).” At the bottom, the above deposit is guaranteed in accordance with the contents and back terms and conditions of the letter of guarantee of this case.

On the same day, the Defendant obtained a written consent for advance payment management (hereinafter referred to as the “written consent”) from C.