1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 11, 2012, the Plaintiff, based on the original copy of a promissory note No. 1058, 2012 in force, issued a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 550,00,000 among the claims to be paid at the time of completion of construction and construction work for the construction works of the Dambre General Logistics Center and the Mambre Korea New Construction, the Plaintiff received a claim and collection order (hereinafter “instant seizure and collection order”) from the Seoul East Eastern District Court as Seoul Eastern District Court 2012, 2058.

Accordingly, the Seoul Eastern District Court, the executing court, requested the Seoul Central Office under the Defendant to deliver the original copy of the instant seizure and collection order, and the mailman A belonging to the Seoul Central Post Office could perform the delivery business regarding the instant seizure and collection order by means of “special service” among the supplementary postal services under the Postal Service Act. On December 12, 2012, 209:09:24, the Seoul Central Office delivered the original copy of the instant seizure and collection order to Samsung Ireland, the third debtor.

Samsung T&M directly paid KRW 1,520,435,433 as the price for the construction to the subcontractors of Samsung T&M on December 13, 2012 in accordance with the direct payment agreement with the subcontractors of Samsung T&M and T&M.

On December 13, 2012, the Plaintiff sent to Samsung Ireland a certificate of content to seek the payment of the collection amount based on the original copy of the instant seizure and collection order, which was served as of December 12, 2012, but the Samsung Ireland refused to pay the collection amount. On December 17, 2012, the Plaintiff filed a lawsuit against Samsung Ireland on December 17, 2012 against the Seoul Central District Court 201Ga105364.

Since then, Samsung C&M as the debtor on January 18, 2013.