1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit for the payment claim of ready-mixed with the Seoul Southern District Court 2012Da33260 against YN Co., Ltd. (hereinafter referred to as “YND”) and received a final and conclusive judgment in favor of the Defendant.

B. According to the above Seoul Southern District Court Decision 2012Da33260 decided on the Defendant’s filing of a lawsuit against the Plaintiff and the final judgment in favor of the Plaintiff (1) the Defendant received the claim attachment and collection order as of December 17, 2013 with respect to “39,404,709 won out of the agreed amount claims to be paid pursuant to the agreement prepared on November 21, 2012 in relation to the e-loan reconstruction construction work with the Plaintiff by Maddi C and D, the Seoul Southern Southern District Court Decision 2012Da33260 decided on December 17, 2013. The above decision was served on the Plaintiff at that time.

(2) The Defendant filed a lawsuit against the Plaintiff for the claim for collection amount of Seoul Southern District Court 2014Kadan207577, and the above court on September 17, 2014, “the Plaintiff is obligated to pay 112,574,010 won for the agreed amount pursuant to the agreement of November 21, 2012 (hereinafter “the agreement of this case”), and the Defendant, upon receipt of the attachment and collection order of KRW 39,404,709, out of the agreed amount claims, has legitimate authority to collect it.

“The Plaintiff rendered a favorable judgment against the Defendant with respect to KRW 39,404,709 and the amount calculated at the rate of KRW 20% per annum from April 14, 2014 to the day of full payment,” and the above judgment became final and conclusive as it is without filing an appeal by the Plaintiff. (c) The filing of a lawsuit claiming the amount of the contractual deposit against the Plaintiff and the final and conclusive judgment against the Plaintiff (1). On the other hand, J.D. is liable for payment against the Plaintiff of KRW 112,574,010 for the contractual deposit obligation and damages therefrom in accordance with the instant agreement.

Then, the Seoul Western District Court 2013 Gohap5961 filed a lawsuit claiming the agreed amount, and the plaintiff is above.