1. The part of the plaintiff's lawsuit against the defendant 49,430,890 won shall be dismissed.

2. The defendant is against the plaintiff succeeding intervenor 49,430.

1. Facts of recognition;

A. 1) The Plaintiff Company E (hereinafter “E”)

) A person who had been in office as a former official, and the ELD Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”).

) During F Construction, E is a reinforced concrete construction project (hereinafter “instant construction”).

(2) On December 15, 2012, Defendant Company and E concluded the instant construction contract with a fixed period of seven years, wherein the contract amount was KRW 1,035,637,00 for the contract amount, KRW 103,563,70 for the contract deposit, KRW 3/100 for the contract deposit rate, and the period of warranty liability for defects was seven years for the instant construction contract. On March 31, 2014, the contract was drafted to change the construction period from December 15, 2012 to April 30, 2014.

3) On September 10, 2013, Defendant Company and E, instead of submitting a performance guarantee for the contract deposit, set up a written agreement for performance guarantee to replace the Plaintiff with the performance guarantee by offering the apartment owned by the Plaintiff as a guarantor. On the same day, the Plaintiff affixed a written agreement for performance guarantee to the guarantor. 4) On August 9, 2013 to implement the said agreement, the Plaintiff completed the registration of creation of a neighboring mortgage with the Defendant Company as the maximum debt amount for the contract deposit against the apartment owned by the Plaintiff.

5) On March 11, 2014, the Plaintiff sold apartment units with the right to collateral security to a third party. The Plaintiff and the Defendant Company agreed that the purchaser of apartment units pay KRW 90 million to the Defendant Company and the Defendant Company shall cancel the right to collateral security established on apartment units. 6) The Defendant Company completed the registration procedure for cancellation of the right to collateral security established on apartment units on June 10, 2014, and on June 16, 2014, the purchaser of apartment units deposited KRW 90 million to the Defendant Company.

B. An agreement between E and the Defendant Company 1 E requested the Defendant Company to pay directly the debt amounting to KRW 9,500,000 for the debt amounting to KRW 9,500,000 for the debt amount of the Defendant Company E around August 2014.