1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of the lawsuit are assessed against the plaintiff and the succeeding intervenor.

1. Basic facts

A. The Plaintiff’s succeeding intervenor filed a lawsuit against the Plaintiff seeking reimbursement of KRW 13,650,00,00 from the ASEAN District Court Decision 2012Da384, the Asan District Court Decision 2012Da384, Jun. 5, 2012; and the said decision became final and conclusive on August 10, 2012.

B. On October 14, 2015, the Plaintiff’s succeeding intervenor filed a seizure and collection order with respect to KRW 21,808,589, out of the Plaintiff’s construction price claim against the Defendant, based on the original copy of the decision on performance recommendation, and received the seizure and collection order on October 14, 2015.

C. On June 24, 2016, the Plaintiff’s succeeding intervenor filed an application against the Defendant for a payment order claiming the collection amount of KRW 21,808,589 with the Daejeon District Court Decision 2016Ra472, the Acheon-si District Court 2016. The Plaintiff’s succeeding intervenor received an order to pay the said amount from the above court on June 27, 2016. The said payment order becomes final and conclusive on July 15, 2016, and the Defendant filed a lawsuit for objection as the Daejeon District Court Branch 2016Ra113180 on November 14, 2016.

On August 25, 2016, the Plaintiff filed the instant lawsuit against the Defendant. Accordingly, the Plaintiff’s succeeding intervenor filed an application for the attachment and assignment order with respect to “an amount of money up to 25,45,315 won out of the amount to be paid to the Plaintiff in the instant case” under the court 2016TT27, and filed an application for intervention in the instant lawsuit on October 18, 2016 under the attachment and assignment order issued on September 21, 2016.

E. Meanwhile, the above attachment and assignment order was served on October 14, 2016 on the Defendant, and the Defendant appealed on October 19, 2016, but was dismissed on December 19, 2016 (this Court 2016Ra101), and the above attachment and assignment order was served on the Plaintiff on July 24, 2017.

[Reasons for Recognition] The entry of Gap or evidence of subparagraphs 1 through 8, the purport of the whole pleadings

2. Determination

A. Attachment of the Plaintiff’s succeeding intervenor’s claim as to whether the Plaintiff’s standing is recognized as a party to the collection order.