1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On March 30, 2016, the Plaintiff filed an application for a payment order with E Co., Ltd. (hereinafter “E”) seeking payment of KRW 33,55,000 for the payment of construction cost, and received the payment order under Seoul Southern District Court Decision 2016 tea1872, and the said decision was finalized on April 22, 2016.

B. On March 10, 2015, the Defendant: (a) concluded a contract for “B G Civil Works Creation Project” with E as the contract price of KRW 770,000,000 (excluding value-added tax); (b) March 10, 2015; and (c) August 31, 2015 with the date of commencement of the relevant project.

C. On September 10, 2015, the Defendant concluded a contract with E for “F and four parcels newly built” as the contract amount of KRW 1,729,090,910 (excluding value-added tax), September 10, 2015, and March 30, 2016.

The plaintiff has against E.

As the construction cost under subsection (a) has not been paid, E requested the amount of KRW 34,078,018 (i.e., the claim amounting to KRW 33,55,000 for delay damages of KRW 453,818 for delay damages of KRW 453,818 for delay damages of KRW 69,200) with respect to the claim for construction payment related to the construction of a new building located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, which it had against the Defendant (hereinafter “instant claim attachment and collection order”), and issued a ruling of seizure and collection order (hereinafter “instant claim attachment and collection order”), and the above ruling was served on the Defendant on May 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6 and 10, the purport of the whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the collection amount of KRW 34,078,018 and delay damages.

3. Judgment on the defendant's assertion

A. The defendant's assertion that ① the plaintiff's claim for construction price against E has already been paid or offset, and there is no enforcement claim, ② since the plaintiff's claim for construction price has been fully paid and extinguished, the plaintiff's claim for collection cannot be complied with.

(b) executive bonds;