1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 29, 2014, the Defendant filed a lawsuit against the Plaintiff on the claim for the agreed amount as the District Court Decision 2013Da61367, and the said court rendered a judgment by service (hereinafter “instant judgment”) with the purport that “The Defendant (the Plaintiff) shall pay to the Plaintiff (the Defendant in this case) the amount of KRW 30 million and the amount calculated by the rate of KRW 20% per annum from February 8, 2014 to the date of full payment” (hereinafter “instant judgment”).

B. From the appellate court (Seoul District Court Decision 2014Na11353) to the Plaintiff’s appeal, on June 5, 2015, Nonparty C decided to build a three-story building on the land owned by the Plaintiff. With respect to the construction work for which the Plaintiff decided to take charge of the building among them, each letter of February 21, 2011 (hereinafter “each letter of this case”) was prepared to the effect that the Plaintiff would directly pay for the Defendant in charge of the construction work of the Crewing to the Defendant in charge of the construction of the Crewing, and the Plaintiff’s appeal was dismissed on the ground that the time for payment arrives.

C. Since then, the Plaintiff filed an appeal (Supreme Court Decision 2015Da37467), and the Supreme Court dismissed the Plaintiff’s appeal on August 27, 2015, and the instant judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 12, 13, 14, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. Even according to each of the instant notes, the subcontract price for the Plaintiff’s Defendant should be paid to “after the inspection of use on the new building,” and since the present new building was not completed at present, the time of payment for the said new building was not due.

(hereinafter “the first assertion of the Plaintiff”). (b)

The plaintiff has a damage claim against C, and against this claim, it becomes final and conclusive by the judgment of Suwon District Court No. 201Gadan15471. The plaintiff has an automatic claim equivalent to the same amount of the judgment amount based on the judgment of this case against the plaintiff among the above damage claim.