1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff, the Defendant, and C entered into a joint agreement with the Defendant on the D Corporation (hereinafter “instant Corporation”) under the name of the Defendant, with the content that the Plaintiff, the Defendant, and the C were awarded contracts for the D Corporation (hereinafter “instant Corporation”), but they would invest each of the expenses incurred in the Corporation and distribute the construction cost paid by the Nonparty Company according to the investment ratio.

B. Accordingly, the Plaintiff, the Defendant, and C invested funds necessary to carry out the instant construction work after being awarded a contract with the Nonparty Company for the instant construction work under the name of the Defendant, and the said investment ratio is as follows.

(hereinafter referred to as “each of the investment rates of this case”). The plaintiff: 32.07%: the defendant; 18.87%; C: 49.06%

C. However, the instant construction was suspended due to the wind of the Non-Party Company’s default, and the Defendant applied for a payment order against the Non-Party Company as Seoul Eastern District Court 2012j320, and the payment order was issued on April 23, 2012, stating that “The Non-Party Company shall pay to the Defendant the amount calculated at the rate of 20% per annum from April 27, 2012 to the date of complete payment,” and the said payment order was finalized around that time.

(hereinafter “instant payment order”). D.

According to the above joint venture agreement, the Plaintiff, the Defendant, and C decided to distribute the money collected from the non-party company to the collection of claims under the payment order of this case according to each of the investment rates of this case (the Plaintiff: 32.07%, the Defendant: 18.87%, and C: 49.06%). Accordingly, on September 26, 2012, the Plaintiff, the Defendant, and C collected KRW 295 million from the non-party company and received distribution in accordance with the above investment ratio.

E. On December 11, 2012, the Defendant issued a provisional attachment order for the claim for construction price against the non-party company of Namyang Construction Co., Ltd., the owner of the instant construction, Nonparty 2, the Gwangju District Court Decision 2012Hun-Ga854, supra.