1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On October 15, 2012, the Plaintiff received KRW 518,650,00 in total from the Defendant to May 30, 2012, from the Defendant for the construction cost of KRW 517,00,000 (including value-added tax) for the construction cost of constructing a new building on the land B and three parcels of land C (including value-added tax). On November 22, 2012, the Plaintiff was awarded a contract for the construction cost of KRW 75,90,000 (including value-added tax) for the said construction cost, and completed the construction work on May 2, 2013. From November 2, 2012 to May 30, 2012, the Plaintiff received KRW 518,650,00 in total from the Defendant to the construction cost of KRW 74,250,00 in total (i.e., the principal of the unpaid construction cost of KRW 517,005,0050.

B. On September 11, 2013, Suwon Construction Co., Ltd. received a provisional attachment order of KRW 111,590,000, out of the Plaintiff’s claim for the construction payment against the Defendant, as Suwon District Court Decision 2013Kadan10184, and on June 2, 2014, issued a provisional attachment order of KRW 105,597,933, out of which KRW 2014,5935, the Suwon District Court issued a provisional attachment order, and the said order was served on the Defendant on July 9, 2014.

[Ground of recognition] Facts without dispute, Eul's evidence 1-1 and 2, the purport of the whole pleadings

2. As to the plaintiff's lawsuit in this case seeking the payment of the principal and interest of the unpaid construction price against the defendant for the determination of this safety defense, the defendant asserts that the plaintiff has no standing to be a party to the performance lawsuit. Thus, if there exists a seizure and collection order against the debtor's monetary claims against the third debtor, only the execution creditor who has been subject to the seizure and collection order pursuant to Articles 238 and 249 (1) of the Civil Execution Act may file a lawsuit claiming the performance of the seized claim against the third debtor. The debtor loses the standing to file a lawsuit claiming performance against the third debtor against the claims against which the seizure and collection order has been issued. Thus, the lawsuit for performance filed by the debtor against the claims against which the seizure and collection order have been issued shall be dismissed without the need to review and determine the merits.