1. The Defendant’s KRW 47,007,287 as well as the Plaintiff’s annual rate of 5% from July 4, 2017 to January 26, 2018, and the following.

1. Facts of recognition;

A. On July 7, 2016, the Plaintiff filed a lawsuit against the Non-Party Joint Construction Co., Ltd. for the claim for the payment of goods at the Incheon District Court Decision 2016 tea114, and on July 7, 2016, the payment order was issued to the Plaintiff, stating that “The Construction of Co., Ltd. shall pay to the Plaintiff 47,730,823 won per annum from June 1, 2016 to the delivery date of the original copy of the payment order, and KRW 5% per annum from the following day to the date of complete payment.”

The above payment order was finalized on July 23, 2016.

B. On the basis of the above payment order, the Plaintiff filed an application for the seizure and collection order with the Incheon District Court 2016TTT No. 51053, Oct. 12, 2016, the Plaintiff issued the seizure and collection order (hereinafter “instant seizure and collection order”) against “49,568,867 won ( principal KRW 47,730,823; KRW 429,474; KRW 49,300,00) out of the construction cost claim for new construction of a new building in Gyeonggi-si, D land, and KRW 49,568,867, out of the construction cost claim against the Defendant.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 47,007,287, which the Plaintiff claimed within the scope of the amount of the amount of the seizure and collection order of the instant case, and damages for delay from July 4, 2017, after the delivery of the copy of the instant complaint.

(Plaintiff is claiming damages for delay from March 16, 2017, but there is no basis for recognizing damages for delay before the delivery date of a copy of the complaint.

In regard to this, the defendant asserts that there is no obligation to pay construction cost by paying the total construction cost before the seizure and collection order in this case, although there was a fact that the construction contract was concluded and the construction work was executed with the general construction company.

In addition, the balance of the construction cost that the defendant should pay to the Doshed Construction Co., Ltd. is KRW 1,016,000,000, but is the direct construction cost and the cost.