1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is entitled to KRW 85,59,919 based on the executory exemplification of the judgment with Suwon District Court 2014dan102845 with respect to the Sugintec (hereinafter “Dagintec”) Co., Ltd. (hereinafter “Sgintec”), and damages for delay.

B. According to the above judgment, the Plaintiff: (a) issued a seizure and collection order (hereinafter “instant collection order”) with respect to the amount equivalent to the above claim amount among the construction cost claims arising from the contract for construction work of the Suwon Industrial Complex (three complexes) held by the Suwon-si, which was the debtor, the debtor, the Suwon-si, the third debtor, and the Suwon-si, as KRW 85,59,919; and (b) issued a seizure and collection order with respect to the said claim amount from the above court on November 30, 2015; and (c) received the seizure and collection order with respect to the above collection order from the above court on December 2, 2015. The above collection order was served at Suwon-si on December 2, 2015.

C. Meanwhile, on the other hand, on August 24, 2016, the Suwon City deposited KRW 71,122,000 as Seoul Southern District Court Decision 4135, 2016, 71,200, 4135, 4135, 200, 200, by stating that the deposited person is a joint manager of the Defendant (a rehabilitation debtor joint management of the rehabilitation debtor corporation) and the deposit for repayment and execution under the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, on the grounds that the deposited person was served with the original copy of the collection order in this case, on the grounds that it received the original copy of the collection order in this case.

On the other hand, the defendant was declared bankrupt on January 18, 2017, which was after the filing of the instant lawsuit, by the Gwangju District Court 2017Hahap1, and on the same day, C was appointed as the bankruptcy trustee of the defendant and taken over the lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The plaintiff's assertion and judgment are based on the premise that the cost of the creative construction work is the cost of the original cost of 71,122,000 won which was deposited at the Suwon-si, on the premise that the cost of the original cost of the creative construction work is the cost of the original cost of the original construction work