The defendant shall pay 597,823,231 won to the plaintiff and 12% per annum from August 20, 2020 to the day of complete payment.

1. Basic facts

A. The Plaintiff filed an application with the Busan District Court for a payment order against C (hereinafter “C”) seeking the payment of construction cost under the Busan District Court’s Branch Branch Decision 2018 tea5018, and the said court issued a payment order on October 22, 2018 (hereinafter “instant payment order”), and the instant payment order became final and conclusive around that time.

B. On October 24, 2018, the Plaintiff filed an application for provisional attachment against C, as the Busan District Court Decision 2018Kadan102505, to preserve the claim for construction cost against C, the amount of KRW 1,467,823,231, and the instant provisional attachment order was served on the Defendant on November 14, 2018, pursuant to the construction work contract with the Defendant (hereinafter “instant claim for construction cost”). On November 5, 2018, the said court issued a provisional attachment order on the amount of KRW 597,823,231, out of the Plaintiff’s claim amount among the instant claim for construction cost, until it reaches the amount of KRW 597,823,231 (hereinafter “instant provisional attachment order”). The instant provisional attachment order was served on the Defendant on November 14, 2018.

C. Based on the original copy of the instant payment order with executory power, the Plaintiff filed an application for the attachment and collection order with Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2018,107923 for the attachment and collection order. On December 20, 2018, the said court issued the attachment and collection order (hereinafter “instant attachment and collection order”) stating that “The provisional attachment of KRW 618,297,926, out of the instant construction cost claim, shall be transferred to the original attachment, and KRW 20,474,695, is seized.” The said order was served on the Defendant on December 27, 2018.

On the other hand, on December 18, 2017, C contracted the construction of general hotel machinery and fire fighting machinery among the new construction works of D building from the Defendant, and the bankruptcy occurred due to financial aggravation, etc.

C On November 22, 2018, C entered into an agreement on the assignment of claims against C to the claim group composed of creditors of C, and the Defendant by content-certified mail.