1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, based on the executory exemplification of the judgment rendered by Sungwon District Court Branch 2017Gadan13679, Sungnam Branch 2017, 13679, the Plaintiff issued a collection order for the amount up to the claim amount among the claim for construction cost against the Defendant as the claim amount of KRW 32,079,774, which was claimed by the Suwon District Court Branch 2018, May 24, 2018 as the claim amount of KRW 2018,629,74.

B. The instant order of seizure and collection was served on May 31, 2018 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion C is that the Defendant subcontracted D construction work from the Defendant and has a claim for construction cost against the Defendant.

B. A person who has entered into a subcontract with the defendant's assertion regarding the above construction works is a Meart construction company, and C is a person who has been sub-subcontracted with the above Meart construction, and C cannot comply with the plaintiff's claim for collection due to the completion of settlement of accounts for C.

C. Determination 1) Where a collection order has been issued with respect to a monetary claim, it is only the right of the obligor to collect the claim against the third obligor in the course of compulsory execution (see, e.g., Supreme Court Decision 2000Da73490, Mar. 9, 2001). Since the existence of the claim against the third obligor is not confirmed due to this, it is not confirmed that the debtor has a claim against the third obligor, the collection obligee is liable to prove the existence of the claim against the third obligor in the claim for the collection (see, e.g., Supreme Court Decisions 2005Da47175, Jan. 11, 2007; 2013Da40476, Jun. 11, 2015). Accordingly, C must prove the existence of the claim for construction price against the defendant, and the Plaintiff directly concluded the construction contract with the Defendant and the construction contract directly.

or C shall set up a claim against the Defendant for the payment of the work.