1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 29, 201, A Co., Ltd. (hereinafter “A”) entered into a contract with the Defendant (the name before the change: the effect of a social welfare foundation) for the construction of a geothermal cooling and heating system from March 21, 201 to December 31, 2012, with the construction period fixed at KRW 576,100,000, among the construction works for the welfare facilities for the aged, from March 21, 201 to December 31, 2012. On January 5, 2012, the construction work for the geothermal heating and cooling system among the construction works for the rehabilitation facilities for the aged at the Sung Health and Welfare Center for the elderly was set at the construction period from March 21, 201 to December 31, 2012 to KRW 787,60,000.

On February 1, 2012, the Plaintiff was awarded a subcontract for the heating and cooling system construction of the above elderly welfare facilities in KRW 315,000,000, and the heating and cooling system construction of the above elderly health care facilities in KRW 429,60,000, respectively, on condition that all materials have been provided by A.

B. A received a total of KRW 1,363,70,000 from the Defendant (i.e., KRW 576,10,000, KRW 787,600,000 on March 29, 2011; KRW 172,830,000 on the same day; KRW 20,000 on April 10, 2012; KRW 159,515,000 on April 15, 2012; KRW 10,000 on January 9, 2013; KRW 85,960,000 on May 24, 2013; and KRW 172,830,00 on the same day; and KRW 10,00 on April 15, 2012; and KRW 10,00 on May 10, 2013; and

C. On September 2, 2013, the Plaintiff received a provisional attachment order of KRW 359,545,00 among the above claim for the construction cost, which A had owned by the Busan District Court Decision 2013Kadan20425, Sept. 2, 2013, with the claim for the subcontract price against A as the preserved right, and the provisional attachment order was served on the Defendant on September 4, 2013.

The plaintiff filed an application with the Busan District Court for the payment order against A for the payment of the unpaid subcontract price and the delayed payment damages. The payment order was finalized on November 5, 2013.

After that, on December 5, 2013, the Plaintiff transferred the above provisional seizure to the provisional seizure of KRW 359,545,00 among the above construction cost claims by Busan District Court 2013TTT 30759, based on the executory exemplification of the above payment order on December 5, 2013, and seized KRW 17,957,490 in total, and seized KRW 377,502,490.