1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) commenced the auction procedure of real estate rent as to new buildings (hereinafter “instant building”) that had not been fully paid the construction cost despite having been awarded a contract for civil engineering works and new construction works on the Seo-gu Incheon, Seo-gu and D ground from B in 2009, and at the above auction procedure around May 2014, the Plaintiff was awarded a successful bid for the instant building.

B. A filed a petition against the Plaintiff for the conciliation of the claim for construction cost equivalent to KRW 2,348,160,000 against B by the Incheon District Court Decision 2015M25089, stating that “A is exercising a lien on the instant building, and the Plaintiff shall pay A the said construction cost.”

On December 16, 2015, the Plaintiff paid KRW 2,00,000,000 to A until December 29, 2015: Provided, That if the Plaintiff delays the payment of the above amount, the conciliation was concluded including that “payment shall be made in addition to damages for delay at the rate of 10% per annum from the date following the date of the payment to the date of full payment.”

(hereinafter referred to as the “instant conciliation,” and the prepared conciliation protocol is referred to as the “instant conciliation protocol”).

On the other hand, at around 2010, the Defendant entered into three subcontract agreements for construction works, such as the subcontract agreement for construction works to A, metal, glass, steel, and panel construction with respect to the instant building, and filed a lawsuit against A for the claim for construction price as of April 19, 2012 with the Seoul Central District Court 2012Gahap51099.

In the appellate court of the above case on December 31, 2013 (Seoul High Court 2013Na2004492), "A" shall pay the defendant KRW 150,000,000,000, whichever is applicable, shall be paid until March 20, 2014, and the remaining KRW 70,000,000 shall be paid until May 20, 2014, and if A delays the payment of each of the above installments to the defendant, it shall be the balance after deducting the amount already paid from KRW 200,000 until the date of delay, and