1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. In order to preserve the claim for the price of goods KRW 85,54,194 against C Co., Ltd. (hereinafter “C”), the Plaintiff filed an application for provisional attachment against C with respect to the claim for the construction cost (hereinafter “claim for the construction cost of this case”) held against the Defendant in relation to “D on the D site and E-site reinforced concrete construction work,” and the said court rendered a provisional attachment decision on March 14, 2017 on the foregoing claim for the construction cost. The written decision for provisional attachment was served on the Defendant on March 17, 2017.

B. On March 14, 2017, the Plaintiff filed a claim against C for a payment order claiming for KRW 85,554,194 with the Busan District Court Branch Branch Decision 2017 tea184, and delay damages therefor. The said court issued a payment order as requested by the Plaintiff on March 15, 2017, and the said payment order became final and conclusive on April 4, 2017.

C. On April 13, 2017, the Plaintiff claimed KRW 87,693,339, including the principal, delay damages, execution expenses, etc. of the above payment order, as the claim amounting to KRW 87,693,339, the Plaintiff filed an application for a seizure and collection order as to the claim for the construction cost of this case with Busan District Court Branch Branch Office 2017TTTT1350. On April 17, 2017, the said court rendered a decision to seize and collect the claim for the construction cost of this case (hereinafter “instant claim seizure and collection order”), and the above claim seizure and collection order were served on the Defendant on April 20, 2017.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserted that C had a claim for the price of goods based on the payment order finalized against C, and received the instant claim seizure and collection order for the instant construction price claim that C holds against the defendant based on the executory exemplification of the above payment order. Thus, the defendant received the instant claim seizure and collection order for the instant construction price claim that C holds against the defendant. Thus, the defendant is against the plaintiff.