1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On June 21, 2019, the Plaintiff: (a) filed a claim for construction price claim of KRW 38,679,509,70 with respect to an urban development project association in Pyeongtaek-si (hereinafter “Nonindicted-si”); (b) KRW 38,679,509,700 with respect to the amount of construction payment claim against the Suwon-gu District Court KRW 201, Jun. 21, 2019; (c) based on the authentic copy of a notarial deed with executory power of No. 423, 2019, a notary public issued a seizure and collection order with respect to the amount until the said claim is appropriated among the claims against the H association in relation to the deposit against the law firm

The above order of seizure and collection was served to the above H Association, the garnishee, around that time.

B. A corporation B (hereinafter referred to as “Defendant”) that was a company prior to the merger of the Defendant filed a counterclaim against the non-party union against the claim for damages (2018Gahap8233) filed by the non-party union against the Defendant. The court of first instance dismissed the claim for the principal lawsuit against the non-party union on April 25, 2019, and “the non-party union shall pay 4,282,517,000 won and 1,500,000,000 won out of the above money to the Defendant from January 11, 2018, 327,605,446 won from June 13, 2018 to June 2, 2018, 205, 2014 to April 15, 2015,” respectively.

The defendant's counterclaim for the claim for the construction price was partly accepted by the court of first instance.

On May 22, 2019, based on the sentence of provisional execution of the above judgment of the court of first instance, the Defendant was issued a seizure and collection order for the claim against eight financial institutions, including the non-party union, with the claim amounting to KRW 4,512,761,79, Suwon District Court KRW 2019, Sejong District Court KRW 43786, which was the claim amount.

The above order of seizure and collection was served on the H association, one of the garnishees at that time.

(c).