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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff holds the sales amount of KRW 46,675,287 against the non-party corporation Lee Jong-young Co., Ltd. (hereinafter “No. Lee Young-young”). The Plaintiff received the seizure and collection order of the instant claim (hereinafter “the seizure and collection order of the instant claim”) against the Defendant as the seized claim with the claim for construction payment against the Defendant Lee Jong-young as the attached claim. The Plaintiff was served on March 3, 2014 on the Defendant on the collection order of the instant claim and the collection order of KRW 46,675,287 (Seoul District Court Decision 2013j31604).
B. (1) On September 18, 2012, the Defendant concluded a construction contract that subcontracts a reinforced concrete construction work among the construction works for the building of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government A license (hereinafter “instant A license”) to the Daum Dok Construction Co., Ltd. for the construction cost of KRW 2,022,90,000, and the construction period from September 18, 2012 to September 30, 2013.
(2) On October 31, 2013, the Defendant and the Lee Ho-young agreed to change the construction cost of the instant A license to KRW 1,975,60,000, and the construction period until October 31, 2013, and the Lee Ho-young completed the said construction work on October 31, 2013.
C. (1) On April 18, 2013, the Defendant concluded a construction contract that subcontracts construction work for underground floor reinforced concrete construction work among the construction work of Yeongdeungpo-gu Seoul Metropolitan Government and the construction work of the fourth and four parcels of land, which he/she was awarded a contract with the Asian Trust Co., Ltd. (hereinafter referred to as the “ Asian Trust”) (hereinafter referred to as the “instant third and fourth parcels of land”).
(2) On April 30, 2013, Asia Trust, the Defendant, and the Dualian Government agreed on April 30, 2013 that the ordering person shall pay the subcontract price directly to the Dualian.
(3) On October 7, 2013, 201, the Defendant and the Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual Dual 237.