1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 11, 2016, the Defendant, among the construction works for new apartment construction in Chungcheongbuk A Co., Ltd. contracted by the Korea Land Trust (hereinafter “B”), subcontracted the construction work price of KRW 5,280,000,000, and the construction period of KRW 11, 206 from February 111, 2016 to May 31, 2017.

(hereinafter “instant construction work”. The Plaintiff supplied the instant construction work to B in an amount equivalent to KRW 279,514,310,00 in total, and KRW 147,295,257 out of the price paid, but did not receive the remainder of KRW 132,219,053.

B, upon waiver of the instant construction work on December 27, 2016, the Defendant settled that the total amount of construction cost was KRW 4,452,00,000,000 upon agreement with the Defendant, and that the Defendant would pay KRW 1,015,00,000 for the remaining construction cost that has not yet been paid as direct labor cost and material cost, and B issued a tax invoice of KRW 1,015,000 in the future of the Defendant.

On January 17, 2017, the Plaintiff requested a seizure and collection order as to the claim for the construction price of KRW 132,219,000 against the Defendant under B as the preserved right by using part of the claim amounting to KRW 132,219,053 as the preserved right. The Plaintiff was determined to seize and collect the claim for the construction price of KRW 132,00,000 against the Defendant under the foregoing court.

[Reasons for Recognition] No dispute is raised, the plaintiff asserted that Gap's evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1, 2, 6, 7, and 13 (including the serial number; hereinafter the same shall apply) were written, and the ground for claim as a whole of the pleadings was determined as to the ground for claim as to the whole of the pleadings, and that the plaintiff received a claim for material costs of KRW 132,00,000 against Eul and received a seizure and collection order as to this claim

(hereinafter “this case’s material price claim”). B and the Defendant, while conducting an interim settlement on November 22, 2016, include 132,218,963 won for the material price to be paid by B to the transaction partner, 606,634.