1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation on the instant case is as follows, and it is consistent with the reasoning of the judgment of the first instance except for the modification and addition as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

B. 1) Part 2 of the judgment of the court of first instance, Article 2(1) of the “Plaintiff’s Claim” (section 5 through 10) of the judgment is modified as follows. The Plaintiff holds a claim equivalent to KRW 72,796,677 based on the payment order finalized against C with respect to the final and conclusive payment order. C is holding a claim equivalent to KRW 72,796,677 based on the payment order. The “D New Construction Work” on the ground of land, such as Chungcheong-gun-gun D,

A) The Defendant continued to perform the instant construction project with respect to E Co., Ltd., and C took over the obligations of E Co., Ltd. for the Defendant, and directly performed the instant framework construction project on behalf of C. As such, C owns a claim for construction cost equivalent to KRW 350 million against the Defendant. However, since C is not exercising its rights, C, as it is currently not exercising its rights, the Plaintiff, a creditor of C, sought payment of the amount stated in the claim against the Defendant, a third debtor, in subrogation of C. 2) No. 4 of the first instance judgment, as set forth in Section 6 of the first instance judgment, the lower judgment on the Defendant’s main defense is added.

The defendant asserts that the lawsuit of this case filed against the defendant on behalf of the plaintiff in subrogation of C is not insolvent, and this is unlawful as it seems to be a defense of this case. However, as seen earlier, C bears the obligation of the payment order of this case on the ground that it does not need to be preserved. However, in full view of the testimony of the witness of the first instance court, the inquiry of the testimony of the defendant in the Dong-gu Office of Daejeon Metropolitan City by the court of first instance, the inquiry of the court of first instance, the court of first instance, and the purport of the entire pleadings as to the results of each financial transaction information against the J Bank of the court of first instance, and K Bank, C may be acknowledged as insolvent, and therefore, the defendant's main safety defense is