The Defendant received a subcontract from the Plaintiff for metal framed construction among the Ansan A- apartment roof construction works ordered by the Korea Land Corporation (LH) and filed a lawsuit against the Plaintiff seeking the payment of the construction cost on June 5, 2013.

(U) In the instant case, on December 10, 2013, the conciliation was conducted on December 10, 2013. The Plaintiff paid KRW 19,00,000 to the Defendant by January 10, 2014, and if delay in the implementation thereof, the unpaid amount should be paid by adding damages for delay calculated at the rate of 20% per annum to the Defendant.

(A) The Plaintiff paid KRW 10,000,000 to the Defendant around that time according to the above conciliation, but the payment of KRW 9,00,000 to the Defendant was reserved.

Co., Ltd., Ltd. (hereinafter referred to as “Cratex”) is a creditor against the Defendant on May 21, 2014.

Due to the construction works described in the subsection, the Defendant received a decision of seizure and collection order for the claim for the construction price against the Plaintiff (the claim amount of KRW 10,676,95), and the decision reached the Plaintiff on May 26, 2014.

On September 2016, the Plaintiff paid KRW 9,000,000 to the Gelimex according to the above collection order.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings.

The plaintiff asserted that the plaintiff paid KRW 10,000,000 out of the construction cost of KRW 19,000,000, which was determined by the court's conciliation, to the defendant. The plaintiff paid KRW 9,000,000 to the defendant's claim for the construction cost, which was subject to the seizure collection order, and paid all the construction cost.

Therefore, a claim is filed for non-performance of compulsory execution according to the instant conciliation protocol.

The Defendant asserted that the payment of KRW 9,00,000, out of the construction cost obligations under the instant conciliation protocol, was reserved as a defect security deposit, and that the Defendant did not pay the said amount.