1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a claim for temporary re-building rent with E Co., Ltd. (hereinafter referred to as “E”), and has a claim for “40,157,700 won, and the amount calculated by the rate of 15% per annum from January 30, 2018 to the date of full payment, which is determined by the judgment of the Suwon District Court Decision 2018Da588 Decided August 14, 2018.”

B. The Plaintiff’s claim claim amounting to KRW 43,771,893 against the Plaintiff and the Plaintiff’s claim amounting to KRW 43,771,893 against the Defendant, with respect to the claim amounting to KRW 43,771,893 from among the claim amount for construction cost related to the construction of each of the above H H-ground loans (hereinafter “instant construction”), which the Plaintiff held against the Defendant, the Incheon District Court issued the instant collection order.

(B) The order was issued and served on October 10, 2018 on the Defendant. 【The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 and 2, and the purport of the entire pleadings.”

2. The assertion and judgment

A. The Plaintiff’s assertion (i) around February 15, 2018, the Plaintiff’s claim for the construction payment claim, which exceeds the amount of the Plaintiff’s claim against the Plaintiff, because the Plaintiff was awarded a contract with the Defendant for the pelpel of the instant construction project, and thus, the Defendant, the third debtor of the instant collection order, is obliged to pay the Plaintiff, the creditor of the instant collection order, the collection amount of KRW 43,71,893, and the delay damages therefrom.

D. The defendant's argument that he had entered into a contract with I Co., Ltd. (hereinafter referred to as "IBA") and there is no obligation or obligation with the IBA, and there is no claim or obligation, which is asserted by the plaintiff.

B. In a judgment collection lawsuit, the existence of the claim to be collected is a requisite fact and the burden of proof is borne by the plaintiff.

(see, e.g., Supreme Court Decisions 2005Da47175, Jan. 11, 2007; 2013Da40476, Jun. 11, 2015). Evidence No. 2-1, 2, and B-3, respectively.