1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

The following facts, such as the confirmation of the instant judgment subject to review, are apparent in records or obvious to this court:

The plaintiff was awarded a contract for fire-fighting equipment and electrical construction ("No. 1" and "No. 2" and "No. 48,297,510 won for H from the contractor of the first construction contract around February 20, 2002. On June 20, 2002, the plaintiff acquired the claim for the construction cost equivalent to KRW 448,297,510 for the defendant's Ha from the contractor of the first construction contract, as Seoul District Court Branch Branch of the Seoul District Court 2002Kahap152, the above claim for the construction cost of the building of this case against the defendant as the preserved right ("the construction cost claim of this case") and the contract deposit claim of this case (hereinafter "the above 2 claims") and the provisional seizure claim of this case against the defendant of this case (hereinafter "the provisional seizure claim of this case"), and the provisional seizure claim of this case were delivered to the defendant of this case (hereinafter "the debtor of this case").

In around 202, E filed a lawsuit against the Defendant seeking the payment of the instant construction cost claim and other claims (such as reimbursement claim, damages claim, and unjust enrichment claim) against the Defendant (Seoul District Court Branch of 2002Gahap7283, hereinafter “previous lawsuit”).

Of the instant claims, the claim for return of contractual performance guarantee against the Defendant E was extinguished on or around December 13, 2001.

(2) However, the appellate court of the previous lawsuit (Seoul High Court 2004Na60364) on August 30, 2005 234,748,651 won, excluding the amount of KRW 1,054,808,08, for which the collection and assignment order among the claim for construction payment of this case became final and conclusive.