1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a limited company that runs the construction business, and the debtor B is a stock company that runs the construction business as well as the debtor B (hereinafter “debtor”).

B. On July 26, 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to the parts of repair works during the extension and alteration of the purpose of use of the DNA funeral hall performed by the debtor (hereinafter “instant repair works”). From July 31, 2017 to November 30, 2017, the Plaintiff entered into a contract with the construction cost of KRW 1,298,000,000 (hereinafter “instant subcontract”).

C. The Plaintiff submitted a written request for payment of KRW 577,60,000 for the construction cost, calculated as 48.9% until September 1, 2017, when the instant repair project was being carried out pursuant to the instant subcontract, and submitted to the obligor a written request for payment of KRW 577,60,000 for the construction cost, but the obligor did not pay the construction cost at all to the Plaintiff.

On or around December 18, 2017, the Plaintiff was issued a ruling of provisional seizure of the debtor's claim against the third debtor.

(1) The Plaintiff requested the cancellation of provisional attachment on December 29, 2017 on the condition that the said provisional attachment was made on February 28, 2018, on the condition that the debtor’s loan 100 million won, interest rate 20% per annum, and the period of reimbursement on February 28, 2018. The Plaintiff filed an application for cancellation of the provisional attachment on December 29, 2017 after receipt of a notarial deed with the above content. E. On January 2018, the Plaintiff filed an application for provisional attachment on the claim against the third debtor as the secured claim (hereinafter “second provisional attachment”). The Plaintiff requested the cancellation of the provisional attachment on the condition that the debtor would have been paid KRW 100 million out of the cost of repair of the instant construction work, and the Plaintiff filed an application for provisional attachment on the condition that the debtor would have been paid by the debtor on the said date on March 3, 2018.

F. The debtor decides to commence rehabilitation in the Chuncheon District Court due to the difficulties in the management of the company.