1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

1. Basic facts

A. The plaintiff is a company with the purpose of housing construction business, etc., and the defendant is the representative of the "E master" in D.

B. C filed a lawsuit against the Defendant for delivery of C at the Suwon District Court Sejong District Court leveling to 2004Kahap1044, and on August 27, 2004, the above court rendered a judgment that “The Defendant shall deliver C the 230 string 266 string 230 strings, 231 266 strings, 232 262 strings within the D ground E-line to C” (hereinafter “related judgment”), and the above judgment became final and conclusive around that time.

C. On September 5, 2005, G, the representative director of the Plaintiff, upon the Defendant’s request, entered into a contract for the installation of an safe storage unit with the care center with the care center Korea Co., Ltd. and the construction period from September 20, 2005 to October 20 of the same year to set the period from September 20, 2005, for the installation of an safe storage unit (the same meaning as the care center because it is in the case of the inurnment of the inurned remains; hereinafter the same shall apply) 92, and paid the said care center construction price of KRW 70,928,000 to the above care center by January 4, 207.

The Plaintiff delivered 798 out of the limit of 992 period established by the Kenya Korea Co., Ltd. in accordance with the above construction contract to C, and the remaining 194 period to the Defendant respectively.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 3, 5, and 8 (including each number), images, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. While the Plaintiff’s assertion delayed the duty according to the instant judgment, the Defendant agreed to pay the construction cost after the rent to G, which had been the representative director of the Plaintiff, in advance. The Plaintiff set up a set-up by bringing the work cost of KRW 70,928,000, and then delivered it to C and the Defendant.

In the first place, according to the above contract for the payment of the construction cost, or the defendant was exempted from the obligation of the judgment related to this case due to the establishment of the plaintiff's above security team, according to the acquisition of the plaintiff's right of indemnity who is the subrogation