The Plaintiff filed a lawsuit (Seoul Northern District Court 2012Kadan36293) against the EconomicN Co., Ltd. (hereinafter “Nonindicted Company”), and on October 11, 2012, “Nonindicted Company shall pay the Plaintiff KRW 46,64,516 up to November 30, 2012; if the said amount is not paid, the Plaintiff shall pay the Plaintiff the amount of KRW 46,64,516 up to the date of payment; if the amount is not paid, the Plaintiff shall pay the damages for delay calculated at 20% per annum from the day following the date of payment to the date of full payment, which became final and conclusive as is.

On June 19, 2013, the Plaintiff was issued with respect to KRW 26,644,516, out of the claim for the construction price against the Defendant of the non-party company (hereinafter “claim for Construction Price”). On June 19, 2013, the Plaintiff issued the Suwon District Court Order 2013Tari12289 (hereinafter “instant claim seizure and collection order”). On the 25th of the same month, the original copy of the instant claim seizure and collection order was served on the Defendant.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 3, and the judgment of the court below as to the ground for a claim as a whole, barring any special circumstance, the defendant is obligated to pay to the plaintiff the collection amount of KRW 26,644,516, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., if the plaintiff pays to the plaintiff a copy of the complaint of this case from October 9, 2015.

The defendant's assertion against the defendant's assertion that the non-party company filed a lawsuit against the defendant, such as the cost of construction, and the appellate court decided that the non-party company consented to the payment of money to the succeeding intervenor A and B of the non-party company and waiver of the non-party company's claim.

As long as the non-party company has no money to be paid, the plaintiff did not have the right to claim the collection amount from the defendant.

Facts of recognition

section 1 to section 1.