1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On August 1, 2012, the construction of the Winter Industry Co., Ltd. (hereinafter referred to as the “Dong Construction Industry”) entered into a contract with the Defendant for reinforced concrete construction (the contract amount of KRW 2.31 billion as the final modified contract amount; hereinafter referred to as the “instant reinforced concrete construction”) and earth and sand and ancillary construction (the contract amount of KRW 1.785 billion as the final modified contract amount; hereinafter referred to as the “instant land and appurtenant construction”) among the construction works B from the Defendant.

(B) In the event that the instant reinforced concrete construction and the instant soil and auxiliary construction are collectively referred to, each of the instant construction works (hereinafter referred to as “instant construction”).

(1) On July 24, 2013, the provisional attachment order (Seoul Southern District Court 2013Kadan70820, hereinafter "the provisional attachment order of this case") issued on July 24, 2013 to the Defendant of the same industry with respect to the claim for the price of the materials necessary for the above construction in the same industry, with respect to each of the construction works of this case against the Defendant of the same industry with the claim for the price of the materials in the same industry as the preserved claim.

On July 26, 2013, the decision was served on the Defendant. 2) The Plaintiff filed a material cost claim lawsuit against the said industry (Seoul Southern District Court 2013Gahap105244) and received a favorable judgment on November 29, 2013.

On January 7, 2014, the Plaintiff received a decision (Seoul Southern District Court 2014 119, hereinafter “instant seizure and collection order”) stating that “The claim for construction price of KRW 150,259,226 against the Defendant of the same industry shall be seized and collected,” based on the foregoing judgment, the Plaintiff applied for a seizure and collection order prior to the provisional seizure as the principal seizure, and the decision was served on the Defendant on January 8, 2014.

C. On October 23, 2013, the Defendant and the Winter Industry agreed to settle accounts with respect to each of the instant construction works on the basis of a settlement agreement under other sections, and each of the instant construction works will be settled in KRW 2,185,047,00 for reinforced concrete construction works, and soil and auxiliary construction works for KRW 1,203,60,000 for each of the instant construction works.