1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was issued a payment order against the Berne General Construction Co., Ltd. (hereinafter “Vast General Construction”) with the Jan-si District Court 2014 tea 1153.

B. On July 21, 2014, based on the above payment order, the Plaintiff’s credit for the construction of the Vietnam General Construction Contract (the Defendant’s credit for the construction cost of the construction of the accommodation in the 701 Special Joint and Several Society (hereinafter “instant construction cost claim”).

) Of the amount up to KRW 33,447,746, the amount was received from the seizure and collection order (hereinafter “instant seizure and collection order”). The above seizure and collection order were served on the Defendant on the 23th of the same month.

C. On August 13, 2014, the Defendant: (a) 221,220,560 won as progress payment for the fourth construction on August 13, 2014; and (b) the same year.

9.5. 5. 5. Payment for the completed portion of KRW 328,316,200 respectively.

On February 17, 2015, the Defendant made a mixed deposit of KRW 120,135,190 for the remainder of the construction payment due to the Berne General Construction in the amount of gold No. 578 in 2015.

[The grounds for recognition] the fact that there is no dispute, the entries in Gap 1 through 3, Eul 1 and 2 (including the serial number) and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should have complied with the plaintiff's request for the payment of the collection amount because there was no justifiable reason to refuse the plaintiff's request for the payment of the collection amount. However, since the defendant paid the payment for the completed portion to the Berne General Construction by disregarding the effect of prohibition of payment of the seizure and collection order in this case,

B. As seen earlier, the amount of claims seized by the Plaintiff is KRW 33,447,746 out of the instant construction cost claims, and part of the claim after the Defendant served a collection order.