1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On May 2004, the Plaintiff and C jointly commenced the production and installation business of ventilation facilities in the two capitals.

In addition, on May 2004, the Plaintiff and C entered into a continuous supply contract with the Defendant on the ventilation Facility Materials.

(hereinafter “instant supply contract”). In addition, on May 19, 2004, D, the mother of C, had completed the registration of creation of a collateral with respect to the obligor, C, the mortgagee, the maximum debt amount, 30 million won, to secure the Defendant’s claim for the purchase of goods pursuant to the instant supply contract with the Plaintiff and C, as to the E- B, 218.9 square meters owned by the Defendant, and the obligor, C, the mortgagee, and the maximum debt amount.

B. The Plaintiff and C had been supplied with materials for ventilation facilities by the Defendant for about three years, and engaged in the production and installation business of ventilation facilities in the two capitals. However, due to financial difficulties, the Plaintiff and C discontinued the above business around October 2007 due to the reasons such as failure to pay the materials to the Defendant properly.

C. Meanwhile, the Plaintiff and C did not pay the material price properly, on October 2007, the Defendant asserted that the amount of the unpaid material price up to the time was KRW 52,709,000, and urged the payment thereof against the Plaintiff and C. On October 22, 2007, an application for voluntary auction on the above land was filed by the court for voluntary auction on October 23, 2007, and the auction procedure was initiated on October 23, 2007.

(F) Daejeon District Court Ed. D.

Around October 29, 2007, C sent to the Defendant a content-certified mail stating that “I will pay KRW 52,709,000, which is half of the amount of unpaid materials, because I had engaged in the same business with the Plaintiff, is not entirely responsible for the amount of KRW 52,709,00.”

E. C paid half of the amount of the unpaid material to the Defendant on January 4, 2008. On January 4, 2008, the Defendant withdrawn the application for voluntary auction on the said land and applied for the cancellation of the enforcement.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, 2, Eul evidence 3-1 to 3, witness C's testimony, oral argument.