1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 3, 2012, B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant for the construction of a new neighborhood living facility in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant construction”). The main contents are as follows.

1. Construction name: New construction works of D neighborhood living facilities;

3. Date of commencement: April 5, 2012.

4. Date scheduled for completion: September 30, 2012.

5. Total contract amount: Lering-gu million won (including 792,00,000,000, and value-added tax).

8. The rate of liquidated damages for delay: 1/1,000 per day.

B. On April 6, 2012, B contracted the instant construction project, and thereafter, the instant construction project was completed on October 30, 2012, and the construction cost unpaid to B at that time is KRW 229,000,000 (hereinafter “the instant construction balance”).

C. B: (a) on May 9, 2013, drafted a written consent from the Plaintiff to the direct receipt of the instant balance of the construction project from the Defendant; (b) around August 21, 2013, the Plaintiff transferred the instant claim for the remainder of the construction project (hereinafter “transfer of the instant claim”) to the Plaintiff; and (c) notified the Defendant of the said transfer of the said claim around that time.

On the other hand, on October 2, 2012, Dobong-gu Trade Co., Ltd. was issued a collection order for the claim for the remainder of the construction (debtor B, the garnishee, the defendant, the claim amount of KRW 229,00,00) by the Seoul Eastern District Court 2012TTT16180, and the above claim seizure and collection order was served on the defendant around that time.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 to 11, Eul evidence 1 to 4 (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and images, Eul's testimony and the purport of the whole pleadings

2. Determination on the lawfulness of the instant lawsuit

A. Before receiving the notice of the assignment of the instant claim from B, the Defendant’s defense prior to the instant claim was seized by the court with respect to the instant claim for the remainder of the construction payment.