1. The application for participation by an independent party intervenor shall be dismissed in all;

2. The plaintiff's primary claim and the conjunctive claim.

Basic Facts

A. The plaintiff's assignment order 1) The plaintiff is a lender construction company (hereinafter "large-scale construction").

(3) On June 25, 2015, Gwangju District Court issued a claim attachment and collection order (hereinafter “instant seizure and collection order”) with respect to the debtor’s construction, third debtor, defendant, claim amounting to KRW 350,883,070 on the basis of the payment order of the Gwangju District Court No. 2014 tea308, Jun. 25, 2015 with respect to the claim to return the money deposited by the debtor construction against the defendant of the lender (hereinafter “instant claim attachment and collection order”).

(2) On July 22, 2015, based on the instant order of seizure and collection, the Seoul District Court issued an assignment order under the Seoul District Court 2015TTT 12216 (hereinafter “instant assignment order”).

(2) The instant assignment order was served on July 30, 2015 to the Defendant, and on August 25, 2015 to the lender construction, and became final and conclusive on September 2, 2015.

B. (1) The process leading to the instant dispute; (2) AD Construction Co., Ltd. (hereinafter “HA Construction”)

) The apartment complex D and 110 lots B (hereinafter referred to as the “instant apartment”) is the instant apartment complex, and the new construction work is the “instant construction work.”

) It is an executor who newly constructs and parcels out, and the lender construction is the contractor, and the Korea Housing Guarantee Co., Ltd. (hereinafter referred to as the “Korea Housing Guarantee”).

(2) On February 15, 2007, an independent party intervenor entered into a subcontract for construction works with the content of the execution of machinery and equipment construction works among the instant construction works with the construction cost as KRW 1,978,716,54, from February 15, 2007 to April 30, 2009, with the construction period from February 15, 2007 to April 30, 2009.

3) From December 2008 to February 201, 2010, the Defendant served as the director in charge of the field management of the lender construction site at the site of the instant construction site. From October 2010 to October 201, the Defendant performed settlement and field-related work at the head office of the lender construction site at the location of the said site. 4) On or around December 2008, when a problem arose in the progress of the instant construction project due to the financing problem of the lender construction, HA construction and the lender construction and the lender.