1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company engaging in real estate development, sale, construction business, etc., and contracted to C Co., Ltd. (hereinafter “C”) on May 2016, 201 for the Civil Works Works of D Daywon E (hereinafter “instant Works”).

B. On October 31, 2016, the Plaintiff, the Defendant, and C drafted a written statement of performance of the construction cost (affortness) as follows (hereinafter “instant performance statement”).

The representative director F of the contractor B(State) is referred to as “A”, the subcontractor C(State) representative director G is referred to as “B” and the interested parties A are referred to as “A.”

In the civil works of "E Business", Byung's loan (cash of KRW 300 million) out of the construction cost for which Eul was already completed shall be paid first to Eul in the presence of the person in charge of H association in the lending bank H association of the lending bank, and the repayment amount (three hundred million won) out of the construction cost (cost) that Eul should pay to Eul shall be deposited in the H association accountJ in full.

A If it is not implemented, all civil and criminal responsibilities arising when it is not performed shall be imposed on A.

C. After that, on November 15, 2017, the Defendant deposited KRW 231,129,328 in the Daegu District Court Decision 2017Da7472, “The Defendant, a third debtor, deposited with C, as the deposit amount, which is 231,129,328, the account payable for the construction payment under the subcontract on May 2016. The deposit amount is 231,129,328, the deposit amount, and the third debtor as follows. There are 11 cases of provisional seizure of claim, 3 cases of seizure and collection order, 1 case of seizure and assignment order of claim, and 231,129,328 as the deposit amount for creditors.” The Defendant deposited the money as the deposit amount (hereinafter “instant deposit”), and the deposit money was called “instant deposit”).

On January 15, 2018, the distribution procedure of the instant deposit was initiated with K of the Daegu District Court on January 15, 2018, and KRW 231,078,180,180 obtained by deducting KRW 72,789 from the amount to be distributed as indicated in the following table.