All appeals by the defendants are dismissed.

All of the defendants' requests for the return of provisional payments are dismissed.

1. Facts of recognition;

A. On July 17, 2018, the Defendants entered into a contract with D Co., Ltd. (hereinafter “D”) under which the construction of a new building on the ground of Gyeonggi-gun E is awarded KRW 360,000,000 (hereinafter “instant contract”).

B. On February 24, 2019, the Plaintiff: (a) obtained a claim attachment and collection order (hereinafter “the instant collection order”) from D, as to KRW 670,045,200 among the construction price claims that D received from the Defendants; and (b) received from D, around that time, the instant collection order was served on the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence No. 5, Eul evidence No. 3, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff, based on the collection order of this case, sought payment of KRW 15,00,100 among the claims for construction cost under the contract of this case from the Defendants.

In the first instance court, the Defendants’ assertion that the Defendants are obliged to pay to the Plaintiff for the payment of the construction cost that the Defendants are obligated to pay to D as alleged by the Plaintiff (the preparatory document dated September 16, 2019) was stated, or that “the primary debtor is both recognized as the Plaintiff’s assertion, but is in negotiations with the Plaintiff” (the preparatory document dated October 30, 2019) was clearly stated in this court. As such, a confession was established as to the claim for collection amount corresponding to the amount claimed by the Plaintiff (the claim for construction cost against the Defendants) (hereinafter “the confession in this case”).

Therefore, the Defendants are obligated to pay 15,000,100 won each to the Plaintiff, a collection obligee, as well as damages for delay, unless there are special circumstances.

B. As to the Defendants’ assertion 1, the Defendants had already repaid the claim for construction cost under the instant contract in the court, and the attorney of the first instance court appointed in D, who appointed in D, without regard to the Defendants.