1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 2011, the Plaintiff received an order to pay KRW 135,410,000 for the claim amounting to KRW 135,410,000, which was held against the non-party Samcheon-gu Co., Ltd. (hereinafter “non-party Co., Ltd.”). The payment order was finalized on January 14, 2012.

B. On November 18, 2013, the Plaintiff applied for the attachment and assignment order of the claim under Daegu District Court Kimcheon-ro 201, 3754 with respect to the amount equivalent to KRW 100,000,000 (hereinafter “instant claim for the construction cost”) out of the claim for the construction cost, which the non-party company owned under the subcontract agreement for the construction work against the Defendant (hereinafter “instant subcontract”). The instant assignment order was delivered to the Defendant on November 14, 2013, and became final and conclusive thereafter.

C. On April 10, 2012, Nonparty Company filed a claim with the Defendant for the payment of KRW 351,820,040 in total with the completion completion payment under the instant subcontract. On May 2, 2012, Nonparty Company deposited KRW 261,316,40 in order to repay the instant construction payment, the amount of KRW 261,314,00 with the Daegu District Court Kimcheon-Support 2012, May 2, 2012

(hereinafter “Deposit of this case”). [Grounds for recognition] The deposit of this case is without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings.

2. Determination

A. According to the above facts based on the judgment as to the cause of the claim, the non-party company has a claim against the Defendant for the construction cost unpaid under the instant subcontract (i.e., KRW 351,820,040 - KRW 261,316,40). Thus, according to the instant assignment order, the Defendant is obligated to pay the Plaintiff the full payment amount of the construction cost, KRW 90,503,640, and delay damages, barring special circumstances.

B. (i) The defendant's defense of repayment is the non-party company.