1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Facts of recognition;

A. On June 18, 2012, the Defendant: (a) contracted the instant construction project to the Suwon-si Integrated Construction Co., Ltd. (hereinafter referred to as “Nonindicted Company”); (b) the construction cost of the instant construction project was KRW 1.29 billion; (c) the commencement date of the construction; and (d) the completion date of the construction project on July 1, 2012; and (c) the completion date of the construction project on October 31, 2012.

(hereinafter “instant construction contract”). B.

On August 20, 2013, the Plaintiff, as the Jeonju District Court 2013Kadan3280, provisionally seized KRW 75 million among the claim for construction price under the instant construction contract that Nonparty Company had against the Defendant (hereinafter “instant provisional seizure”), and the said provisional seizure ruling was served on the Defendant around that time.

C. On September 30, 2014, the instant provisional attachment case (former District Court Decision 2014Da10993) rendered a judgment that “the company outside the lawsuit shall pay to the Plaintiff the amount of KRW 75 million and the interest calculated at the rate of 5% per annum from July 25, 2013 to August 19, 2014, and 20% per annum from the following day to the date of full payment,” and the said judgment became final and conclusive on October 16, 2014.

On January 15, 2015, the Plaintiff, based on the foregoing final judgment, transferred the provisional seizure of KRW 75 million among the construction price claims under the instant construction contract, as the Jeonju District Court 2015TTT318, and the provisional seizure of KRW 10,349,818 was issued (hereinafter “instant seizure and collection order”), and the said seizure and collection order was served on the Defendant on January 19, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion 1 lies in the Plaintiff’s claim for construction cost against the Defendant, and the Plaintiff received the instant seizure and collection order against KRW 85,349,818, which is a part of the claim. Since the above seizure and collection order was served on the Defendant on January 19, 2015, the Defendant was imposed on the Plaintiff, the collection obligee, as the collection obligee, with the above KRW 85,349,818.