1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court’s 2016 tea17607 subsidiary material cost claim.

1. Basic facts

A. The Plaintiff and the Defendant’s related Defendant are the trade name “C” or “D,” and the Plaintiff is a person who runs a heavy equipment (one-name “PP car”) that removes concrete produced from ready-mixed from the structure.

If heavy equipment to be put into a construction site between November 201 and April 2013 is insufficient, the Plaintiff and the Defendant have leased and used heavy equipment owned by the other party and settled the costs thereafter.

B. (1) The Defendant brought a lawsuit against the Plaintiff, including the Seoul Central District Court 2014Gahap54846, the Defendant brought a claim against the Plaintiff for the rent of equipment. Of the grounds for the claim, the part related to the instant case was “the Defendant sold pipes and pipes equivalent to KRW 41,048,040 to the Plaintiff, thus seeking the payment of the attached materials.” The Defendant was dismissed on the ground that there was no evidence to prove that the Defendant sold the attached materials to the Plaintiff.

Luxembourg The Defendant appealed against the dismissal of the part of the claim for attached materials. The appellate court (Seoul High Court Decision 2015Na2021521, Nov. 27, 2015; hereinafter “relevant appellate court case”) rendered the Defendant’s argument that the appellate court (hereinafter “relevant appellate court case”) shall not use attached materials, such as pipes, pipes, etc. (i) in the case of ordinary sunset equipment, and shall not use them unless there is any attached materials such as pipes, etc.; (ii) in the case of the lessee (the Plaintiff) shall take over and use them at the construction site; and (iii) the lessor shall install and use them at the construction site after the completion of the use; and (iv) in the case of the above G construction site where the Defendant’s attached materials were used; and (iii) in the case of the GH construction project undertaken after October 2012, the lessor shall have a high pressure on the construction site of not more than 25 stories; and thus, (iv) the lessor shall be subject to dissolution.