The 11,524,334 won of the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

1. Facts of recognition;

A. On March 20, 2018, the Plaintiff was separately awarded a contract for the work to remove and separate the factory buildings and wastewater treatment plants in Kimpo-si, Kimpo-si, E, F, G, and H from the Defendant for value-added tax of KRW 55,00,000. The Plaintiff and the Defendant added the construction work contents and subsequently changed the construction amount to value-added tax of KRW 87,50,000.

B. From March 28, 2018 to July 10, 2018, the Defendant paid a total of KRW 85,000,000 to the Plaintiff as construction cost, and the Plaintiff completed the said construction work on July 31, 2018.

C. On December 27, 2018, the Suwon District Court rendered an order of seizure and collection as to the part of KRW 11,524,334 of the Plaintiff’s claim for the removal of the Defendant’s factory and for the payment of the construction cost, which was located in the J-dong, Kimpo-si, Kimpo-si, against the Defendant. The Defendant received the order of seizure and collection, and the Defendant paid KRW 4,750,000 to I on January 8, 2019 after receiving the notice of the decision.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 5, Eul 1, 3, 6, 7, and the purport of the whole pleadings

2. The Plaintiff, the cause of the instant claim, as the cause of the instant claim, asserts that the Defendant’s construction related to the above Jdong factory was completed, but only KRW 85,00,000 out of the cost of removal and the cost of additional construction for filling up civil works and KRW 19,760,000 should be paid, and thus, the remainder of KRW 31,010,40 should be paid.

3. Where there exists a seizure and collection order against the garnishee against the garnishee, the execution creditor who received the seizure and collection order may file a lawsuit claiming the performance of the seized claim against the garnishee. The debtor loses the standing to file a lawsuit claiming performance against the garnishee against the garnishee regarding the claim subject to the seizure and collection order. Thus, the lawsuit for performance filed by the debtor against the claim subject to the seizure and collection order is illegal and dismissed without any need for examination and determination as to the merits.