1. The instant lawsuit shall be dismissed.

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

The Plaintiff sought payment of 63,843,344 won and damages for delay for the remainder of the construction works of new building that the Defendant received from the Defendant.

We examine the defendant's main defense of safety.

If there exists a seizure and collection order against the claim, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor shall lose the standing to file a lawsuit for performance against the seized claim.

(2) On the same day, the Plaintiff’s claim for construction price against the Defendant (hereinafter “instant claim”) was seized on February 19, 2014 with the amount of KRW 235,042,70, and notified the Defendant of the request for seizure and collection on the same day. Nonparty D received the order for seizure and collection of the instant claim with the amount of KRW 44,191,258 (the Daejeon District Court Decision 2018Do15982) on December 11, 200, based on the following: (a) the Plaintiff received the order for seizure and collection of the instant claim with the amount of KRW 44,191,258 (the amount of KRW 2018Do15982); and (b) the Plaintiff received the order for seizure and collection from the Defendant with the amount of KRW 19,342,176, and the amount of each of the instant claim against Nonparty E, 194 and the amount of each of the instant collection orders against the Defendant.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.