1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant asserted on October 1, 2016 as the Plaintiff’s agent E and the Plaintiff’s housing located in the Gyeongnam Development-gun (hereinafter “instant housing”).

) New construction works (hereinafter “instant construction works”)

(1) The contract for construction work of KRW 95 million with respect to the construction work cost (excluding KRW 6 million with respect to the design cost) is concluded, and the contract for construction work (No. 1; hereinafter “instant contract”).

(1) The Plaintiff prepared a collection order (hereinafter “instant claim seizure and collection order”) against the Defendant, using the Plaintiff’s loan claim against C as the claim against the Plaintiff, and using C’s loan claim as the claim against C.

Therefore, the Defendant, the third obligor, is obligated to pay the Plaintiff the amount written in the purport of the claim. 2) Since the Defendant concluded the instant construction contract with E rather than C, the Defendant does not have any claim subject to the seizure and collection order of the instant claim. 2) Upon receiving a request from E to prepare a construction contract agreement as it is necessary for financing from E, the Defendant entered the name of the Defendant in the lower part of the instant contract where the contractor and the construction cost, etc. were in public space and affixed a seal and affixed the seal thereto, and E voluntarily filled up blank.

B. Determination 1) The Defendant, on June 29, 2016, filed a construction report on the total floor area of 99.49 square meters and the number of floors for the new construction of the instant housing with the head of Gun, and received notification of repair on July 15, 2016, and reported the commencement of construction on July 22, 2016.

On November 22, 2016, the Defendant reported the change of the total floor area of the instant housing into 145.08 square meters, and the number of floors into two floors, and notified the repair on December 6, 2016.