1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 8, 2016, C entered into a contract for construction works with the Defendant to accept a subcontract for reinforced concrete construction works (including surtax) among the E-works located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant subcontract”).

B. On October 12, 2016, the Daejeon District Court issued a seizure and collection order (hereinafter “instant seizure and collection order”) against C as the title of debt based on the settlement recommendation decision (the principal of KRW 500 million and the annual interest rate of KRW 600 million from December 31, 2014 to September 2, 2016, and the annual interest rate of KRW 15% from the next day to the date of complete payment) against C as the title of debt against C. The debtor and the defendant as the third debtor, and C received a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 568,383,560 from among the debt to be paid by the defendant with respect to the instant subcontract, and the above order was served on the defendant, who is the debtor on December 37, 2016, and became effective.

C. On December 26, 2016, the Defendant demanded C to take measures to continue the construction by terminating the seizure and collection order of the instant case until December 28, 2016, but upon C’s failure to take such measures, the instant subcontract was terminated on December 29, 2016.

Meanwhile, around December 28, 2016, the Defendant directly paid KRW 138,622,700, total of the progress payment for November 2016, which shall be paid to C, as the wages in arrears for which C is in arrears.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 1-2, Eul evidence 1-4, the purport of whole pleadings

2. The Plaintiff’s assertion C completed all the construction works under the instant subcontract between the Defendant and the Defendant, and the seizure and collection order of this case issued by the Plaintiff against the Defendant for the claim for construction price against C was effective on December 7, 2016.

On November 2016 and December 2, 2016, 2016, the sum of the construction cost of the original construction works, excluding wages, is 140 million won. The defendant issued the above seizure and collection order.