1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 23, 2014, the Plaintiff: (a) obtained a provisional attachment order against the claim for construction payment against Hanyang Construction Co., Ltd. (hereinafter “ Hanyang Construction”); and (b) received a provisional attachment order against the claim amounting to KRW 40 million from among the claim amount of construction payment against the Defendant by Hanyang Construction Co., Ltd. (hereinafter “ Hanyang Construction”); and (c) the said provisional attachment order was served on the Defendant on July 28, 2014.

B. On September 30, 2014, the Plaintiff was issued an order and a collection order to transfer the provisional seizure to the provisional seizure on September 30, 2014, based on the authentic copy of the judgment with executory power of 2014Kadan61329, which was rendered against the construction of Korea. This was served on the Defendant on October 2, 2014.

(hereinafter “instant seizure and collection order”). C.

Meanwhile, around April 16, 2014, the Defendant awarded a contract for the construction of the Defendant’s Gyeonggi-do Logistics Center on the ground of the 419-3 Sincheon-dong 4, Seocheon-si. However, the Defendant terminated the construction contract around August 22, 2014, as the Hancheon-si Construction did not properly perform the construction work.

On August 28, 2014, the Defendant adjusted the completed portion of the said construction to KRW 329 million (= wages of KRW 189,03,407 for material costs of KRW 139,96,593).

E. On November 10, 2014, the Defendant deposited KRW 139,966,593, out of the construction cost settled above, on the grounds of concurrent seizure, etc., and the Plaintiff received dividends of KRW 1,023,456 from the distribution procedure of the said deposit (U.S. High Court Branch A) around March 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4, 6, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendant is from November 7, 2014, following the delivery date of a copy of the complaint of this case to the Plaintiff, according to the seizure and collection order of this case (i.e., KRW 40 million - KRW 1023,456).