1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On May 26, 2014, C, a franchisee, entered into a contract with D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) for interior works relating to the 14 member stores of the Nonparty Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd”), and executes the contract, and thereafter, the Nonparty Co., Ltd. has a claim for the construction price (hereinafter referred to as “claim for the construction price of this case”).

Plaintiff

In addition, C has the claim for the construction cost under the interior contract as of June 12, 2014. The former District Court 2014Gahap1845, which filed a lawsuit against C, was in progress on March 24, 2015, to the effect that “The Plaintiff’s claim for the construction cost against C shall be determined as KRW 250 million, and for the payment thereof, C shall transfer to the Plaintiff KRW 250 million, out of the instant claim for the construction cost against the non-party company, and shall be allowed to transfer to the Plaintiff under this conciliation protocol (hereinafter “instant conciliation”).

After that, the Plaintiff filed a lawsuit against Nonparty Company seeking the payment of the instant claim for construction price (hereinafter “instant claim”) that was transferred as above by the Jeonju District Court Branch 2015Gahap597, and on October 8, 2015, the first instance court rendered a judgment ordering the payment of “2,027,90 won out of the instant construction price and damages for delay thereof,” and thereafter, the said judgment became final and conclusive on December 1, 2016 due to the dismissal of both Nonparty Company’s appeal and final appeal.

The non-party company currently has no ability to pay the principal and interest of the construction cost of this case to the Plaintiff.

[Ground of recognition] The plaintiff's assertion and the non-party company's establishment date of this court's decision as to the facts without dispute, Gap's evidence 1, 2, 3, and 6 (if there are provisional numbers, including them; hereinafter the same shall apply).