1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion as to the cause of claim

A. C Co., Ltd. (hereinafter “C”) which is the primary cause of a claim had a claim for the construction cost of KRW 460 million with respect to the construction of a charnel house on the ground of the forests and fields D (hereinafter “instant construction”).

C On March 6, 2020, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 101,536,885 and the delay damages therefrom, as it transferred KRW 101,536,885 to the Plaintiff and notified the Defendant who is the obligor.

B. Upon entering into an agreement on May 13, 2014 (hereinafter “the instant agreement”), the representative director E and F of C of the ancillary cause of the claim shall pay the remainder remaining after preferentially paying the input construction cost by setting up a security at a financial institution after the completion of the building, and paying the remainder within three months after the completion of the construction. However, in relation to the instant construction, E agreed to assume all the responsibility if a right claim arises, such as the request for construction cost and other legal ownership or right to use, with respect to the instant construction project.

Since the agreement of this case is prepared E as the representative director of C, the substantial parties to the agreement are C and F, and the defendant succeeded to F's obligations under the agreement, the defendant shall pay the plaintiff who acquired the claim under the agreement of this case with the obligation under the agreement of this case.

2. According to the evidence No. 4, E filed a lawsuit against F seeking payment of KRW 460 million for the remainder of the construction work under the instant agreement with the Gwangju District Court 2014Gahap8150, but the said court rendered a ruling dismissing E’s claim on the ground that E’s failure to perform its duty had been legally rescinded and the obligation to pay construction expenses incurred therefrom had ceased to exist, and the above judgment became final and conclusive. According to the above facts of recognition, according to the above facts, the defendant or F.