1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 2, 2013, the Plaintiff was determined to provisionally attach the right to claim the return of investment certificates (shares) held by the Defendant by Songdo Construction in order to preserve the claim for the purchase price of goods against Songdo Construction Co., Ltd.

(Seoul Southern District Court 2013Kadan8936 case). (b)

Then, the Plaintiff received an order for payment of the price for goods against the construction of Songdo, and on August 26, 2013, the Plaintiff received an order for payment on August 26, 2013, stating that “Songdo Construction shall pay to the Plaintiff KRW 57,195,481 and damages for delay after the delivery date of the payment order therefor.”

(Seoul Southern District Court 2013j1352 case). (c)

Upon the confirmation of the payment order under the preceding paragraph, the Plaintiff transferred the above provisional seizure on May 20, 2014 to the provisional seizure, and received the seizure and collection order (hereinafter “instant seizure and collection order”) stating that the subsequent delay damages (the aggregate amount is the amount stated in the claim) are seized. The instant seizure and collection order was served on May 23, 2014 to the Defendant.

(Seoul Southern District Court 2014Tari9631 case). [Grounds for recognition: the fact that there is no dispute, the entries in Gap evidence 1 and 2, and the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff asserts that the defendant is liable to pay the amount stated in the claim and its delay damages to the plaintiff, out of the contribution shares to be returned to Songdo Construction according to the collection and seizure order of this case.

B. However, according to Article 59(4) of the Framework Act on the Construction Industry, the seizure or provisional seizure of the investment certificates of the Defendant’s members should be done by means of the seizure or provisional seizure of debt payable to order under Article 233 of the Civil Execution Act. As such, the seizure of the investment certificates of Songdo Construction also becomes effective by the enforcement officer under an order of seizure issued by the court.

However, the plaintiff had an execution officer possess the investment certificate upon the order of the court.