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1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Reasons
1. Basic facts
A. On November 18, 2013, 2013, the Non-Indicted Co., Ltd. (hereinafter “Non-existent”) contracted the Gyeongnam Tech (hereinafter “Gyeongnam Tech”) with the Changwon District Court Decision 2013Gahap7257 (hereinafter “the instant construction”) and executed the construction of the Gyeongnam Tech (hereinafter “the instant construction”) from Gyeongnam Gyeongnam Tech with a contract for the new construction of the Gyeongnam Tech (hereinafter “the instant construction”) by asserting that the said construction cost was reasonable at a low price by either intentionally or negligently calculating the construction cost at a low price and believing that the said construction cost was reasonable, and that the failure to supply and demand the instant construction would have suffered damages equivalent to KRW 75,766,320, the difference between the construction cost according to the appropriate construction cost and the actual construction cost, and filed a lawsuit seeking compensation for damages for tort.
In the above lawsuit, Gyeongnam-Tech made a decision in lieu of conciliation to pay 230,000,000 won to the United States (hereinafter “instant compulsory adjustment”) until February 29, 2016, which became final and conclusive on December 31, 2015.
B. The Plaintiff Han Chang-Tech Co., Ltd. was issued an attachment and assignment order (hereinafter “instant attachment and assignment order”) on August 3, 2015 upon jointly applying for an attachment and assignment order of KRW 112,746,00 among the construction cost to be paid for the instant construction work after being awarded a contract for the instant construction work and being paid to the Gyeongnam-Tech, as well as an attachment and assignment order of KRW 163,20,00 among the construction cost as above, and the Plaintiff Seo Seo-Tech Co., Ltd. was issued with respect to KRW 163,20,00 among the construction cost as above. The attachment and assignment order was served on the Gyeongnam-Tech, the third debtor, on August 11, 2015, and became final and conclusive around that time.
C. Following the issuance of the instant attachment and assignment order to the Gyeongnam Island, on September 24, 2015, Defendant A’s Changwon District Court 2015TTT8936, and Defendant B’s Changwon District Court 2015TT8641, Sept. 30, 2015.