1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the judgment are the same as the corresponding part of the judgment of the court of first instance (1. basic facts). Accordingly, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s alleged debtor quasi-joint construction company (hereinafter “debtor Company”) contracted the E Corporation located in D from the Republic of Korea at the Won-si (hereinafter “instant Corporation”) and completed the construction work.

The Defendants seized (A) the obligor’s claim for the construction price of this case against the Republic of Korea, and received the distribution as stated in the purport of the claim in the distribution procedure against the obligor company.

However, in the distribution procedure of this case, deposit money (hereinafter “deposit money”) is not part of the claim for the construction payment of this case, but it is deposited by the Republic of Korea at the request of the debtor company for reasons of competition, such as (a) the return of defect repair bond that the debtor company has against the Republic of Korea after offsetting part of the claim for the payment of defect repair to the debtor company of the Republic of Korea at the request of the debtor company of the Republic of Korea, and the claim for the construction payment of this case for the warranty period

Therefore, among the distribution schedule of this case, the amount of dividends to the Defendants should be deleted, and such amount should be distributed to the Plaintiff, the transferee of the above defect repair deposit return claim.

3. Determination

A. According to the purport of each of the statements and arguments stated in Gap's evidence Nos. 5, 6, Eul, and Eul evidence Nos. 1 and 2, the debtor company requested on August 27, 2013 that "if the debtor company was not issued a warranty bond of the construction mutual aid association due to the seizure of (a) investment certificates, etc. of union members, etc., and provisional disposition, it is not issued to the Republic of Korea on August 27, 2013, "the warranty bond of the construction price of this case is deducted from 54,896,965 won, which is the warranty bond of the defect repair of this case."