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 an application with the Daegu District Court for a payment order against C (hereinafter “C”) for a payment order for the payment of the construction cost, as Seogu District Court Branch 2018 tea1018. On June 27, 2018, the said court rendered a payment order (hereinafter “instant payment order”) stating that “C shall pay to the Plaintiff the amount of KRW 64,50,000 and its amount, from February 15, 2018 to July 2, 2018, the delivery date of the said payment order, 6% per annum, and the amount calculated at the rate of 15% per annum from the next day to the day of full payment, and the amount of demand procedure expenses calculated at the rate of 15% per annum from the next day to the day of full payment.” The said payment order was finalized on July 17, 2018.

B. On September 5, 2018, the Plaintiff entered the claim amount as KRW 63,080,218 (the principal under the instant payment order and the damages for delay until September 3, 2018, deducting KRW 5,00,000 paid from C on August 17, 2017) with the title of execution, and received the attachment and collection order (hereinafter “collection order”) with respect to the following claims owned by C against the Defendant as the title of execution, and the above collection order was served on the Defendant, who is the debtor, on September 10, 2018.

The total amount of claims to be seized and collected: 63,080,218 won the amount of the construction cost that the debtor has against the third debtor (with the construction cost not only D, 1 parcel, multi-household construction work, and Gyeongcheon-gun E): Provided, That the above claim among the construction cost claims except for the claim to be prohibited from seizure of wages under Article 88 of the Framework Act on the Construction Industry pursuant to the provisions of the prohibition of seizure on wages of Article 88 of the Framework Act on the

C. The Plaintiff received reimbursement of KRW 5,000,000 from C on September 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant seeks the plaintiff to whom the collection order of this case was issued, except in extenuating circumstances.