1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. At the time of the East Sea, the Defendant awarded a contract to C with the amount of KRW 140,000,000 (hereinafter “the construction cost of this case”) of the structural frame construction among the new construction works of the 4th floor building on the D ground in the East Sea.

B. 1) On March 6, 2018, the Plaintiff issued an executive title with the executory payment order of the claim for rent under the Chuncheon District Court 2018j23, the Chuncheon District Court 2018YY Branch 2547, the Ulsan District Court 2018 Ulsan District Court 2018, and issued a collection order for seizure and collection (hereinafter “instant seizure and collection order”) as to KRW 15,510,300, out of the construction cost of the instant case.

(2) The instant order of seizure and collection was served on March 8, 2018 to the Defendant, who is the garnishee.

C. From August 12, 2017 to November 22, 2017, the Defendant paid a total of KRW 95,200,000 to the parts related to C or C, as indicated in the following table.

On August 12, 2017, 5,000 C 1, 200,000 C on August 12, 2017, 201: (a) 2,00,000 on August 24, 2017; (b) 2,000,00 on September 4, 2017; and (c) the mother of 50,000,000 C on September 2, 200 on September 29, 200 on September 29, 200 on September 27, 2017; (d) 1,000,00 E 7, 200, 2000, 8, 200 labor cost for labor cost of labor cost of labor cost of KRW 8,00,000 on November 20, 2017; and (e) aggregate of G wage of KRW 10,017;

D. 1) Meanwhile, the Plaintiff applied for a compulsory auction on the real estate owned by the Defendant based on the original copy of the judgment of the first instance court after the pronouncement of the judgment of the first instance. On January 9, 2019, the Plaintiff received a decision to commence compulsory auction on January 29, 2019 (J) from the Defendant on January 29, 2019, the Plaintiff received KRW 18,700,000 from the Defendant on the pretext of the first instance judgment and the expenses for filing an application for compulsory auction, and voluntarily withdrawn the application for the said compulsory auction on January 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 1 to 5, Eul evidence 8-1 to 3, and the purport of the whole pleadings

2. Determination

A. According to the above determination as to the cause of the claim, the attachment and collection order of the instant case was served on the Defendant as of March 8, 2018, which is the claim subject to the attachment and collection order of the instant case.