1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff is a creditor holding a claim amounting to KRW 100,000,000 against the Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Plaintiff was issued a provisional seizure order against the claim amounting to KRW 100,000,000 among the claim amounting to KRW 100,000,000 among the claim amounting to the Defendant of the Nonparty Co., Ltd. (hereinafter “Nonindicted-gu E Hospital Construction Co., Ltd.”) (hereinafter “the claim amount of construction work in this case”), with the Defendant as the obligor and the Defendant as the third obligor. The above decision was served to the Defendant around that time.

B. After that, according to the judgment of Suwon District Court Decision 2012Ga74737 decided June 4, 2013, the Plaintiff received the seizure and collection order (hereinafter “the collection order of this case”) from the Defendant on August 28, 2013, by designating the non-party company as the obligor, the Defendant as the garnishee, and by designating the Defendant as the third obligor, the above provisional seizure against the claim of KRW 100,000,000, out of the construction price claim of this case as the principal seizure. The above decision was served on the Defendant on August 28, 2013.

C. Therefore, the Defendant is liable to pay the Plaintiff, upon receipt of the instant collection order, KRW 100,000,000, and the delay damages therefor.

2. Determination

A. The Plaintiff’s assertion as seen earlier is premised on the existence of the instant claim for construction price against the Defendant based on August 28, 2013, which was served on the Defendant, the garnishee, the collection order of this case, was served on August 28, 2013. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the existence of the instant claim for construction price, and there is no other evidence to acknowledge it otherwise.

Rather, according to the evidence Nos. 1 and 2, F, another creditor of the non-party company, filed a claim against the defendant for the payment of KRW 150,000,000 of the construction price claim of this case based on a collection order against the defendant, and the delayed payment damages, as Seoul Southern District Court 2012Gahap10622.