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.

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 cost of 24,723,160,000 construction cost of 24,723,160,000 and for the term of contract from May 27, 2011 to November 15, 2013; and the Island Co., Ltd (hereinafter “Scco Engineering”) concluded a subcontract with the Defendant and Scco Engineering for the instant construction cost of 11,396,00,000, total construction cost of 11,396,000,000 and contractual period from September 26, 201 to May 30, 2013 (hereinafter “instant construction work”).

B. On November 20, 2013, the Plaintiff: (a) obtained a decision of provisional seizure of claims against the Defendant of the non-party company (hereinafter “decision of provisional seizure”); and (b) served the Defendant, the garnishee on November 25, 2013, as the preserved right, with the Seoul Southern District Court 2013Kadan10458, regarding KRW 26,890,875 of the instant construction cost against the Defendant of the non-party company; and (c) the said decision of provisional seizure was served on the Defendant, the garnishee.

C. On April 22, 2014, the Plaintiff filed a lawsuit against the non-party company, including the Seoul Southern District Court 2013da78383 fee, and paid KRW 26,890,875 to the Plaintiff by May 31, 2014, and if the Defendant (the non-party company) fails to pay the above amount on the above date, the Plaintiff received a decision as a substitute for the conciliation with the content that “if the above amount is not paid on the above date, it shall be paid by adding the damages for delay at the rate of 20% per annum from the following day to the day of full payment, the above decision was finalized at that time.”

On June 19, 2014, the Plaintiff issued a provisional attachment of KRW 26,890,875, out of the claim for construction payment against the Defendant of the non-party company under Seoul Southern District Court 2014TTTT1723, with its executive title as a substitute decision for the above conciliation.