1. The claim of this case is dismissed.

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

1. Basic facts

A. The Plaintiff: (a) filed an application for the attachment and collection order on August 1, 2016 with respect to the entire amount to be paid by the Defendant to the non-party company (around August 3, 2016, on the basis of the original judgment with the executory power over the construction cost case against the non-party company as the debtor, the Defendant was the third debtor; (b) the Plaintiff reached the Defendant around August 3, 2016, based on the original judgment with respect to the judgment with respect to the payment of the construction cost case against the non-party company as KRW 1,688,383,560, which the Plaintiff had against the non-party company; and (c) the amount of the claim to be paid by the Defendant to the non-party company as at the time when the Defendant and the non-party company were in progress.

B. On August 23, 2016, the conciliation was concluded to pay 30,000,000 won to the non-party company until October 15, 2016, in addition to damages for delay calculated at the rate of 15% per annum from the day following the date of delay of payment to the date of complete payment.

C. On the other hand, on January 4, 2016, Nonparty B received an order for the attachment and assignment of claims against the Defendant of the non-party company at KRW 481,925,708 of the judgment based on the claim for construction cost as to the principal and interest based on the above-mentioned District Court Decision 2015Gahap72392 against the Defendant, and the Defendant received the above decision on January 23, 2016.

On October 13, 2016, the Defendant deposited KRW 30,000,00,000 as the High Government District Court No. 4219, pursuant to Article 248(1) of the Civil Execution Act, on the ground that the Plaintiff and B were served with the order of seizure, assignment, or collection of each claim from the Plaintiff and B.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s conciliation and decision against the Defendant of the non-party company in relation to the case where the non-party company was the debtor and the Defendant were the third debtor, and the court below rendered the High District Court 2015Kahap72392 case.