1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant awarded a contract for soil works, reinforced concrete works, and water supply and drainage works (hereinafter “each of the instant construction works”) among the construction works for the construction of a multi-household housing in Gwangju Northern-dong, 304, 304-1, the main village of the Seoul Northern-gu, and subcontracted each of the instant construction works to the Daeho Development Co., Ltd. (hereinafter “Moho Development”) around September 17, 2012.

B. On October 27, 2014, the Plaintiff: (a) subcontracted the waterproof Repair and Repair Works for each of the instant multi-household tenements in the cost of construction work in KRW 15,000,000 from the Daeho Development and completed the said waterproof Repair and Repair Work.

C. On August 26, 2015, the Plaintiff filed a lawsuit seeking payment of KRW 11,500,000 out of the price of the relevant waterproof repair and construction works (Seoul District Court 2015Daso21386), and won the judgment. Accordingly, on June 13, 2017, the Plaintiff filed an application for a seizure and collection order with the Gwangju District Court 2017TTTTT8425, and filed a claim for a seizure and collection order with the above court against the Defendant who is a third debtor, and issued a seizure and collection order with regard to KRW 16,118,904 (hereinafter “instant claim seizure and collection order”), and the said claim seizure and collection order was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3, the purport of whole pleadings

2. The assertion and judgment

A. Since the period of warranty liability of each of the instant construction works alleged by the Plaintiff was fully limited, the Defendant is obligated to return KRW 42,000,000 paid to Daeho Development as the warranty bond, and the Plaintiff received the instant seizure and collection order as to the claim to return the warranty bond against the Defendant under Daeho Development, and thus, the Defendant is obligated to pay KRW 16,118,904 to the Plaintiff with the collection deposit.

(b) judgment;