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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.
Reasons
1. Facts of recognition;
A. The Defendant and the Scco Engineering Co., Ltd. (hereinafter “Scco Engineering”) concluded a contract with the Korea Land and Housing Corporation for construction works of KRW 24,723,160,00 of the construction cost of the construction works of the construction works of KRW 1-19 lines and two roads, from May 27, 2011 to November 15, 2013. From the Defendant and Scco Engineering, the said Corporation (hereinafter “Scco Engineering”) concluded a contract from the Korea Land and Housing Corporation for construction works of KRW 11,396,00,00,000 of the construction cost of the said construction works, and from September 26, 201 to September 13, 2013 (hereinafter “instant subcontract”). From May 13, 2013, the period of the contract was determined to be “from December 15, 2012” (hereinafter “instant subcontract”).
B. On November 21, 2013, the Plaintiff: (a) obtained a provisional attachment order of KRW 21,230,000 of the instant construction cost against the Defendant of the non-party company (hereinafter “instant provisional attachment order”); and (b) served the Defendant, the garnishee, on November 22, 2013, as the preserved right, with the claim for equipment use fee against the non-party company as the preserved right; and (c) obtained a provisional attachment order of KRW 21,230,000 of the instant construction cost against the Defendant of the non-party company.
C. On May 29, 2014, the Plaintiff filed a lawsuit against Nonparty Company 2013da41946 claiming the royalty from the above court, and subsequently rendered judgment in favor of the Plaintiff on May 29, 2014 that “the Defendant (Nonindicted Company) shall pay to the Plaintiff KRW 20,020,000 per annum 6% from November 27, 2013 to May 29, 2014, and 20% per annum 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive at that time.
On June 26, 2014, the Plaintiff: (a) transferred KRW 20,89,782, out of KRW 21,230,00 of the provisional attachment of the instant construction price claim against the Defendant of the non-party company as the title of execution of the said judgment as the High Government District Court 2014TTT 8366; and (b) the seizure of the said claim.