1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff awarded a contract to C for the construction of the 5th floor building on the land outside Daejeon-dong, Daejeon-gu, and two parcels of land, and the Egynam-do also ordered C to contract the construction of the 1.2 billion won of the church building at the cost of the adjoining land. On March 2, 2015, the Plaintiff and C drafted a construction contract for the construction of the 5th floor building at the cost of KRW 2.3 billion, adding two above construction works to the Egynam-gu, Daejeon-gu, and the Plaintiff and C.

On the other hand, on April 23, 2015, the Egypt Association drafted a new construction contract agreement of KRW 2.3 billion for the construction of the above five-story building and church building (hereinafter “instant construction”).

B. On May 21, 2015, the Defendant subcontracted the instant construction of reinforced concrete to F in the amount of KRW 222,200,000 (excluding value-added tax) for the instant construction.

(hereinafter “instant subcontract”). On May 22, 2015, F entered into a necessary temporary re-lease agreement with G on the instant construction site, and the Plaintiff jointly and severally guaranteed F’s obligations under the said lease agreement.

C. G filed a lawsuit against F and the Plaintiff seeking the payment of temporary rent.

On August 31, 2017, the court of the first instance rendered a judgment that “F and the Plaintiff jointly and severally pay to G 37,846,290 won and interest rate of 15% per annum from March 18, 2016 for the Plaintiff, and from March 4, 2016 to the date of full payment for each of them.”

Therefore, the Plaintiff appealed on April 19, 2018, but the second instance court dismissed the Plaintiff’s appeal, and changed the part concerning the Plaintiff in the order of the first instance judgment to “the Plaintiff shall jointly and severally with F to G 37,549,290 won and the amount calculated by applying the rate of 15% per annum from March 4, 2016 to the date of full payment.”

(hereinafter referred to as "judgment in a prior suit"). 【No dispute exists, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion.