1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 15, 2015, Korea New Co., Ltd and Korea Fisheries Development Co., Ltd. contracted to the Defendant the file complaint construction among C apartment construction works. On April 21, 2015, the Defendant subcontracted the said construction to D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On April 18, 2015, the Plaintiff leased a stack to a non-party company for use at the same construction site, and on April 21, 2015, there was an accident of exceeding a stack during the work process.

On April 25, 2015, the non-party company made a written confirmation to the Plaintiff that it would settle transportation expenses, rents, and repair expenses in relation to the above accident.

C. Accordingly, the Plaintiff filed an application for provisional attachment against the “claim for Construction Costs of Basic Construction Works among the C-Newly Building Construction Works,” which the Nonparty Company held against the Defendant, with the claim of KRW 19,514,00 for the mid-term rent claim against the Nonparty Company. On August 12, 2015, Incheon District Court Decision 2015Kadan5314 issued a provisional attachment order against the claim.

Then, the Plaintiff filed a lawsuit against the non-party company, claiming that “only 10,400,00 won was paid for the repair cost of KRW 2,024,00,000, and did not receive KRW 17,490,000 for the last round-down transport cost,” and that the Plaintiff filed a lawsuit against the non-party company, including equipment rent of the Incheon District Court 2015da82767. On August 26, 2015, the Plaintiff issued a recommendation for performance that “the non-party company shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment.”

(hereinafter referred to as the “instant recommendations”). On October 11, 2015, a non-party company was served with a decision on performance recommendations and the said decision on performance recommendations became final and conclusive on October 27, 2015.

The Plaintiff filed an application for a seizure and collection order against the Defendant of the non-party company for a claim for construction cost claim of KRW 20,037,308 with the title of execution, and on November 9, 2015.