1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff had a loan claim amounting to KRW 285 million based on the No. 122 of the No. 122 of the No. 2015 No. 122 of the No. 2015 of the No. 125 of the No. 2015 of the No. 12000,

B. On November 19, 2014, Han Gyeong-do, Ulsan-dong, Ulsan-dong, 661-25, for the construction of new apartment complexes, the part of landscaping planting construction cost of KRW 3.139 million (excluding value-added tax) and the construction period from November 21, 2014 to December 31, 2015, and completed the said construction work on December 2015.

C. On January 7, 2016, the Plaintiff was issued a seizure and collection order (hereinafter “instant collection order”) with respect to KRW 285 million among the above subcontracted construction cost claim (excluding wages prohibited from seizure under Article 88 of the Framework Act on the Construction Industry; hereinafter “the instant construction cost claim”) against the Defendant by using the executory exemplification of the notarial deed as the executory exemplification of January 7, 2016, and the said order was served on the Defendant around 11:37, 2016.

At the time when the collection order of this case was served to the Defendant, the Krain police officer held KRW 14,322,00 as the claim for the construction payment of this case against the Defendant, and KRW 128,197,866 as the claim for the construction payment of this case, and KRW 14,32,00 as the claim for provisional seizure of November 2015.

On February 18, 2016, the Defendant paid KRW 14,322,00 to the Plaintiff the said provisional seizure.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 7 through 10, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay 109,457,683 won (123,779,683 won - the amount received by the plaintiff - the amount received by the plaintiff 14,32,00 won) and damages for delay, as claimed by the plaintiff, to the plaintiff as the collection obligee, unless there are special circumstances.

B. Judgment on the defendant's defense