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. The Defendant and non-testing Co., Ltd. (hereinafter “non-tech”) are companies incorporated for the purpose of the distribution, processing, sale, organic fertilizers, and the manufacture and sale of composts, etc. of agricultural products.

B. On October 8, 2015, B and C installed a facility, such as an input stack, etc., in the building E located in the Nam-si, Namwon-si, for the pre-treatment work of converting food waste, etc. into the compost between D and D operated by C, and the total construction cost of which is KRW 240,000,000 (hereinafter “the instant electrical construction”) entered into a contract with “the instant construction work” and drafted a written contract with the machinery buyer and D as a mechanical supplier.

C. Before October 13, 2015, Non-Tech transferred KRW 100,00,000 to C (D) and KRW 50,000,000 on November 24, 2015, KRW 30,000 on September 29, 2016, and the Defendant transferred KRW 20,000,00 to C on July 5, 2016, respectively.

On the other hand, D entered into a subcontract for the instant construction project (hereinafter “instant subcontract”) with the Plaintiff on November 25, 2015.

E. Upon completion of the construction work under the instant subcontract, the Plaintiff: (a) was not paid part of the construction price from D; (b) was to compensate for the unpaid claim for the unpaid construction price (hereinafter “paid construction price”); and (c) received a provisional attachment order on September 1, 2016 (Seoul District Court Decision 2016Kadan4149; hereinafter “instant provisional attachment order”); and (d) was served on the Defendant on September 6, 2016, for the aforementioned claim amount among the claim for the construction price that D had the obligor against the third obligor under the instant construction contract that D received from the Defendant.

F. On October 28, 2016, the Plaintiff filed a lawsuit against B and C for the claim for the payment of the construction cost of the instant case, and rendered a favorable judgment on October 28, 2016 (Seoul District Court 2016Da28269).