1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 27, 2012, the Plaintiff filed a lawsuit against Taesan-gu Ctel (hereinafter “instant building”) seeking payment of KRW 10,659,00 for stone for tin works among the instant construction works (hereinafter “instant construction works”). The Ulsan District Court rendered a judgment dismissing the Plaintiff’s claim on July 3, 2012 (Ulsan District Court 201No6694).

Accordingly, the Plaintiff appealed, and the Ulsan District Court partially accepted the above appeal on December 7, 2012, and rendered a judgment to the Plaintiff to pay 10,659,000 won and partial damages for delay (Ulsan District Court 2012Na3951). The above judgment of the appellate court became final and conclusive on January 3, 2013.

B. On September 28, 2011, the Plaintiff filed an application for provisional attachment against claim of KRW 5,728,204 (Ulsan District Court 201Kadan4024) out of the claim for construction cost as to the instant construction work against the Defendant, which is the garnishee (hereinafter “instant claim for attachment”). The said court accepted the said application and rendered a provisional attachment against claim on October 17, 201, and the original copy of the decision for provisional attachment was served on the Defendant, who is the garnishee, on October 31, 2011.

C. On January 4, 2013, based on the foregoing final judgment, the Plaintiff filed an application for the seizure and collection order (Ulsan District Court 2013 other bond 128) to transfer the instant seized claim to the original attachment. On January 14, 2013, the said court accepted the application and issued the seizure and collection order (hereinafter “instant seizure and collection order”). The said order was served on the Defendant, the garnishee, on January 18, 2014.

1) On March 26, 2013, the Defendant changed its trade name into the Daechip Co., Ltd. In relation to the instant construction project, the return of unjust enrichment (the return of excess construction cost, the compensation for delay, and the compensation for delay) against B in relation to the instant construction project.