1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff, based on the executory exemplification of the judgment in this Court 2016da54830 (hereinafter “C”), received a seizure and collection order (hereinafter “instant collection order”) against C Co., Ltd. (hereinafter “C”) with respect to the claim for construction work related to the construction work of the fifth-story building (hereinafter “construction work of this case”), which the obligor C holds against the Defendant for a third-party obligor, based on the original copy of the judgment with executory power over the purchase price of goods in this Court No. 2017 Tada54830 (hereinafter “C”), and was served on the Defendant on May 23, 2017.

B. On July 27, 2016, the Defendant entered into a contract with C on the payment of the construction cost of KRW 110 million (including KRW 100,000,000) and January 31, 2017, with the payment of the completion payment determined to be paid after consultation in accordance with the fair rate, and C suspended construction while performing the instant five-story mold construction among the instant construction works.

C. For a period from July 27, 2016 to November 25, 2016, the Defendant paid the construction price of KRW 350,000,000 to C several times.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is that the Defendant included only 24,618,000 won out of the elevator price of the elevator on the machine in the result of a supplementary appraisal conducted by 404,800,000 appraiser F for the construction of the instant case, as materials related to elevator material, under the status of Gap’s submission of only evidence No. 9.

Of them, the Defendant is obligated to pay KRW 54,800,000 remaining after deducting KRW 350,000,000 already paid by the Defendant and KRW 24,812,700,000,000, in total, paid to the subcontractor E Co., Ltd. (hereinafter “E”) after being served with the collection order of this case.

B. (i) In addition to the facts of the instant construction’s nature and the claim recognition, there is no dispute, the images of evidence No. 11, evidence No. 8, and appraiser F.