1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 19, 2014, the Plaintiff filed an application for provisional attachment of claims (Seoul Western District Court Decision 2014Kadan30160) with respect to KRW 115,071,00 among the claim for the construction of child care center against the Defendant for the preservation of the claim for the construction cost against C, and accordingly, served on the Defendant, who is the garnishee, on May 12, 2014 by the Seoul Western District Court.

(hereinafter “instant provisional seizure order”). B.

After filing a lawsuit against C (Seoul Western District Court 2015Gahap83), the Plaintiff won a favorable judgment against C to the effect that “C shall pay the Plaintiff KRW 163,880,000 and the delay damages therefor,” and filed an application for the seizure and collection order (Seoul Western District Court 2015TTTTTT 1090) to transfer the provisional seizure to the original seizure, and the Seoul Western District Court’s decision on the seizure and collection order was served on October 27, 2015 (hereinafter “instant collection order”). 【Ground for recognition”), without any dispute, the Plaintiff’s entries in Gap evidence 1, 2, 3, and 7 (including serial numbers; hereinafter the same shall apply) and the purport of the entire pleadings as a whole.

2. Summary of the parties' arguments;

A. The Defendant is obligated to pay the construction cost for the construction work of a child care center to C, and the payment of the construction cost is KRW 40,800,000 even after the provisional attachment order of this case was served on the Defendant at the time of the completion of the construction work.

Therefore, according to the collection order of this case, the Defendant is obliged to pay the Plaintiff the remaining construction cost of KRW 40,800,000 and the delay damages therefrom.

B. The defendant is not obligated to pay the construction price to C, since it has contracted to the non-defendant D.

C Even if assumed that the contractor is the contractor, the Defendant cannot respond to the Plaintiff’s claim, as it has paid the entire construction cost prior to the delivery of the provisional attachment order.

3. Child-care centers from the defendant to determine who the contractor is.