1. The plaintiff's lawsuit

(a) The rate of KRW 98,209,428 and interest thereon shall be 15% per annum from June 14, 2016 to the date of complete payment.

1. Basic facts

A. The South Sea Chemical Co., Ltd contracted the Defendant with respect to the construction of steel frame production and installation, etc. (hereinafter “instant construction”) with respect to the remodeling project of a composite fertilizer plant in a female national industrial complex.

B. On July 30, 2015, the Defendant subcontracted to the instant construction project, with a limited liability company (hereinafter “this case’s construction”) a contract amount of KRW 380,000,000 (additional tax separate) and subcontracted to the instant construction project. Around October 27, 2015, the Defendant subcontracted the instant construction project with a contract amount of KRW 390,000,000 (additional tax separate) and thereafter, subcontracted the construction of steel frame among the instant construction.

C. On September 17, 2015, E.O.D.: (a) between the Plaintiff and the Plaintiff drafted a letter of contract for construction and supply of steel frame production and supply, which re-subcontracts the construction cost of the instant construction in the aggregate of KRW 350,50,000 and KRW 35,05,05,000, value added tax, and KRW 385,605,00.

【Ground for recognition】 Evidence No. 10, Evidence No. 1-1, and No. 1-2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In the Plaintiff’s lawsuit, when there exists a seizure and collection order as to the part concerning the seizure and collection order under the name of the Intervenor, only the collection obligee may file a lawsuit for performance against the garnishee, and the obligor loses the standing to file a lawsuit for performance against the claims subject to seizure (see, e.g., Supreme Court Decision 2007Da60417, Sept. 25, 2008). Meanwhile, the effect of seizure is limited to subordinate rights; however, it does not extend to the interest claim or delay damages claim already incurred before the seizure takes effect; 2) or 1, 2, and 1, 4, respectively; and the purport of the entire pleadings in full view of the whole purport of the pleadings; 1) the Intervenor UNBBB Co., Ltd. on June 8, 2016 by the Plaintiff and the garnishee as the Defendant.