1. The plaintiff's claim is dismissed.

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

1. On May 26, 2016, the Plaintiff issued a provisional attachment order regarding the instant provisional attachment and collection order against the Defendant at E.S. Comprehensive Construction Co., Ltd., Ltd., and the third debtor at KRW 155,218,140, with the debtor’s claim amount as the court heading 2016Kadan1365, May 26, 2016.

On July 4, 2016, based on the executory payment order authentic, the Plaintiff was issued a collection order for the attachment and collection of the claim that transferred the above provisional seizure to the principal seizure and seized the remaining claim amount of KRW 5,889,840, based on this Court 2016, based on the original copy of the executory payment order.

The collection order was served on July 7, 2016 on the defendant.

[Reasons for Recognition] Unsatisfy, substantial facts in this court, Gap 1, 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff should pay the above money to the plaintiff in accordance with the collection order of this case, since the claim for construction cost against the defendant of E.S. Construction remains equivalent to KRW 31,107,980.

In regard to this, the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim, since the Defendant paid all the construction cost to E.S. Construction before serving the provisional attachment order and the collection order.

B. Comprehensively taking account of the evidence evidence Nos. 1 and 2 and the purport of the entire pleadings, the Defendant paid KRW 200,000,000 as of December 31, 2015 to E.S. Comprehensively, the Defendant paid KRW 200,000,000 to E.S. Comprehensive Construction from January 3, 2016 to February 19, 2016, prior to receipt of the instant provisional attachment order.

The provisional attachment and collection order of this case are effective as it is against the non-existent claim.

As to this, the Plaintiff still remains at least KRW 30,000,000 after serving the collection order of this case. The Plaintiff shall pay the construction cost that the Defendant did not pay for ES Comprehensive Construction.