2. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

3. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

A. The Plaintiff is a company that manufactures and sells ready-mixeds, and the Defendant is a company that operates construction business, etc.

B. From November 25, 2013 to January 27, 2014, the Plaintiff supplied the Defendant with ready container equivalent to KRW 39,359,500 with respect to the construction work for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project for the building project.

C. On November 18, 2015, the succeeding intervenor received a seizure and collection order as to “the amount until the Plaintiff received KRW 105,609,073 out of the litigation cost, price of goods, etc. to be paid by the Plaintiff as the price of goods in the first instance trial,” and the above seizure and collection order was served on the Defendant on December 4, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserts that the principal lawsuit was not paid KRW 52,133,00, out of the amount of ready-mixed supplied to the Defendant in connection with the instant construction project, and sought the payment of KRW 52,13,00 and damages for delay.

If there exists a seizure and collection order against the claim, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor shall lose the standing to file a lawsuit for performance against the seized claim.

(See Supreme Court Decision 9Da23888 Decided April 11, 2000, etc.). The fact that the succeeding intervenor received the claim amount as KRW 105,609,073 as to “the litigation cost, price of goods, etc. to be paid by the Plaintiff as the case for the price of goods in the first instance judgment,” and that the decision was served on the Defendant on December 4, 2015 is seen earlier.