1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Han Construction Co., Ltd. (hereinafter collectively referred to as the Defendant, which had been changed to the Defendant on September 27, 2013; hereinafter the same shall apply) entered into a contract with the Korea Land and Housing Corporation for construction works for B-3 block apartment buildings (construction sections) in the original innovation city on December 28, 2012. On December 28, 2012, the Korea Land and Housing Corporation agreed to pay the construction cost on the one hand once a month from the date of receipt of the object to November 26, 2013.

B. On October 30, 2013, the Defendant entered into a settlement agreement between the Ministry of Trade, Industry and Energy with respect to the instant construction project, under which the said subcontract was cancelled, and changed the construction cost of the instant construction to KRW 433,387,526.

C. Meanwhile, at the time when the instant construction was being carried out, this case’s trade was subcontracted from the Defendant to the Cheongju-dong 418 Apartment-dong 418 apartment construction site (hereinafter “Cheongju-dong 1642 apartment construction site”) and the tin work at the site of the apartment construction site (hereinafter “nick-dong 1642 apartment construction site”).

On September 3, 2013, the Plaintiff was issued a provisional attachment order against the Defendant of this case’s construction cost claim of KRW 43,753,800, out of the instant construction cost claim against the Defendant of this case’s this case’s 43,753,800 of the instant construction cost claim, and the provisional attachment order of this case was served on the Defendant on September 6, 2013.

E. Thereafter, on December 12, 2013, the Plaintiff was against the Defendant of Changwon District Court Decision 2013TTT 5668, which was based on the executory exemplification of the instant rent case No. 2013Kadan13323 among the Plaintiff and this Masan Trade.