1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into a contract for construction works with D Co., Ltd. (hereinafter “D”) and E, and filed an application with the said company for the cancellation of the contract and the payment order for restitution due to nonperformance of obligation under the Seoul Western District Court Decision 2017Hu89197, Dec. 4, 2017, the said court issued a payment order (hereinafter “instant payment order”) on December 22, 2017, stating that “D shall pay to the Plaintiff 520,000,000 won and damages for delay at the rate of 15% per annum from the next day of the delivery of the payment order to the Plaintiff for the payment order.”

B. On April 10, 2016, between the Defendants and D, a construction contract was concluded between D and D with the content that D will undertake construction of accommodation interior interior interior works upon contract for KRW 1 billion among G buildings newly constructed by the Defendants to Namyang-si, Gyeonggi-do. (hereinafter “instant interior construction contract”).

C. The Plaintiff issued the instant payment order with respect to D, as Seoul Eastern District Court Decision 2017TTT 2017TT 60652, and as to the amount equal to KRW 520,246,100 among the claim for construction price for G building interior works against D against the Defendants, the Plaintiff was subject to the determination of a claim attachment and assignment order (hereinafter “instant assignment order”). The original copy of the instant assignment order was served on Defendant B on January 8, 2018, and on January 9, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants are obligated to pay to the Plaintiff the full amount of KRW 520,246,100 on the basis of the assignment order of this case and the delay damages therefor.

B. The Defendants’ instant contract for the interior contract is a false contract in collusion with the Defendants, and thus, the contract was prepared, and the Defendants’ construction cost is borne by the Defendants against D.