1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 6, 2013, the Defendant: (a) received orders for construction from Sambu Construction Co., Ltd. (hereinafter referred to as “Seoul Construction”) on December 25, 2014; (b) construction cost was KRW 19,267,60,000 (which was changed to KRW 2,302,30,000 thereafter); and (c) the construction cost was changed to KRW 19,267,60,000 (which was changed to KRW 2,302,30,000); and (d) the construction cost was contracted for construction of the Seoul High Speed

B. The Plaintiff was awarded a subcontract for the construction mid-term construction among the instant construction works (hereinafter “construction mid-term construction works”), and was performing the said construction from October 22, 2013 to January 20, 2014, and was not paid the construction cost, and on March 17, 2014, the Plaintiff’s claim amounting to KRW 85,400,000, which was the unpaid payment of the construction mid-term construction works in the instant construction (hereinafter “the instant provisional attachment”) with the Seoul Central District Court Decision 2014Kadan35637, which was the debtor, and the third debtor against the Defendant, attached the portion corresponding to the said amount among the instant construction cost claims against the Defendant (hereinafter “the instant provisional attachment”).

C. On May 20, 2014, three-way construction began by filing an application for commencement of corporate rehabilitation procedures with Seoul Central District Court 2014 Gohap10046.

On the other hand, while the lawsuit of this case is pending, A, a creditor of Sambu Construction, was issued a seizure and collection order against KRW 5,849,335 among the claim for construction payment of this case, and B, a creditor of Sambu Construction, also received a seizure and collection order against KRW 3,288,443 among the claim for construction payment of this case.

E. On September 30, 2014, the Defendant paid and deposited KRW 85,400,000 on the claim for construction payment, which was provisionally seized by the Changwon District Court Decision 2014, 3608, without negligence, and on the ground that the seizure took place concurrently, the deposited person was the Plaintiff or Sambu Construction, and the deposited person was paid and deposited in accordance with Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-1 through 4, Gap No. 3.