1. The plaintiff's claim is dismissed.

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

1. Each of the following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence 1, 2 (including the branch numbers), 3-1, 5-1, 1, 1 (including the branch numbers), 3-2, 5 (including the branch numbers), and 6-2, 3-2, 5 (including the branch numbers), and 6-2.

피고는 2013. 4. 10. 세광건설 주식회사(이하 ‘세광건설’이라 한다)와 사이에, 피고가 주식회사 세영개발로부터 도급받은 원주 무실 2지구 4BL 세영리첼아파트 신축공사 중 형틀목공사(이하, ‘이 사건 공사’라고 한다)를 세광건설에게 하도급하기로 하는 계약을 체결하였다가, 한 차례 변경계약을 거쳐 2013. 12. 24. 최종적으로, 공사대금 3,601,800,000원, 공사기간 2014. 4. 30.까지로 정한 변경계약을 체결하였다.

B. On April 23, 2014, the Defendant notified the Defendant of his intention to terminate the said subcontract for the reason that the luminous Construction was no longer performing the instant construction due to financial difficulties, and that the said notification reached the Sejong Mining Construction around that time.

C. On the basis of the authentic deed of a notary public’s static Office No. 1433, Dec. 11, 2012, 2012, the Plaintiff was issued an attachment and assignment order (hereinafter “instant assignment order”) with respect to KRW 146,918,200 among the progress payment of the instant construction and the claim for construction price against the Defendant of the Sejong District Court, Daejeon District Court Decision No. 2014, May 28, 2014, issued the attachment and assignment order for KRW 146,918,20 (hereinafter “instant assignment order”), and the said order was served on the Defendant, the garnishee, on June 3, 2014, who is the debtor, and became final and conclusive on November 11, 2014.

2. The party's assertion and judgment

A. As to the plaintiff's assertion against the defendant against the payment of the full amount and damages for delay in accordance with the assignment order of this case, the defendant is before the assignment order of this case is served.