1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On March 24, 2016, the Defendant: (a) concluded a contract for the instant multi-household construction project (hereinafter “instant construction project”); (b) the construction cost of KRW 61 million; and (c) the construction period from March 24, 2016 to May 10, 2016; and (d) the Defendant concluded a contract for the instant construction project (hereinafter “instant construction project”).

(hereinafter “instant construction contract”). B.

On May 30, 2016, the Plaintiff attached KRW 7,335,00, out of the construction price claims under the instant construction contract that the non-party company owns against the Defendant (hereinafter “instant provisional seizure”), and the said provisional seizure ruling was served on June 1, 2016 to the Defendant.

C. On November 17, 2016, from the main case of the above provisional seizure (Yan District Court Decision 2016Gau3958) to the main case of the above provisional seizure (Yancheon City Court Decision 2016Da3958), the judgment was rendered that “the company outside the lawsuit shall pay to the Plaintiff the amount of KRW 7,35,000 and the interest calculated at the rate of 15% per annum from November 11, 2016 to the date of full payment,” and the above judgment was finalized on December 3, 2016.

On January 6, 2017, the Plaintiff transferred provisional seizure of KRW 7,335,00, out of the construction price claims under the instant construction contract, to the principal seizure pursuant to the High Court 2017TTT 119, based on the above final judgment, and KRW 451,789 was issued with the seizure and collection order (hereinafter “instant seizure and collection order”), and the above seizure and collection order was served on the Defendant on January 11, 2017.

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

2. Determination as to the cause of action

A. The gist of the parties’ assertion 1) The Plaintiff Company has a claim for the construction cost against the Defendant, and the Plaintiff received the instant seizure and collection order as to KRW 7,786,789, which is part of the claim (=7,335,000, KRW 451,789, and the Defendant served the Defendant on January 11, 2017.