A. On May 19, 2016, the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor filed a lawsuit against the Defendant seeking construction cost of KRW 464,985,920 on the completion of the reinforced concrete construction and the stone-proof reservoir construction work (hereinafter “instant construction work”) among the construction works in the DD shop subcontracted by the Defendant from the Defendant at the Gwangju District Court, and received a partial winning judgment from the said court on August 22, 2019.

(2018Gahap66). On April 29, 2020, the appellate court rendered an appeal against the above judgment, and the appellate court rendered a judgment that "the defendant shall pay to the defendant 40,463,750 won and the amount calculated at the rate of 12% per annum from April 18, 2019 to April 29, 2020," which read "the defendant shall pay to the defendant 40,463,750 won and the amount calculated at the rate of 40,463,750 won per annum and 12% per annum from the next day to the date of full payment."

(B) On July 23, 2020, the Supreme Court rendered a decision to dismiss the defendant's appeal against the appellate court's decision (2020Da229598) and the appellate court's decision became final and conclusive.

B. On September 15, 2017, the Plaintiff received the instant collection order from the Gwangju District Court 2017TTTT13968, which, based on the executory exemplification of the executory payment order on September 15, 2017, the Defendant and the third obligor as Defendant and the third obligor were KRW 75,264,179, and the Defendant’s Intervenor and the third obligor were issued a seizure and collection order (hereinafter “instant collection order”). The collection order was served on the Defendant on September 18, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2-1, 2, Gap evidence 5, Gap evidence 6-1, 2, Gap evidence 7-2, Eul evidence 1-2, the purport of the whole pleadings

2. The Defendant’s Intervenor, as to the Defendant, has the claim for construction cost of KRW 40,463,750 against the Defendant. As such, the Defendant, as the collection obligee, has the claim for construction cost of KRW 40,463,750 against the Defendant.