1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 4 through 6, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the testimony of the witness C and the whole purport of the pleadings:

On September 27, 2012, C and the Defendant entered into a contract with the Defendant to conclude a construction contract with the term “358,000,000,000,” and the construction period “from September 27, 2012 to December 25, 2012” (hereinafter “instant contract”).

B. On December 2, 2013, the Plaintiff: (a) received a provisional attachment order (an order for provisional attachment and collection) as to KRW 60,00,00,00 among the claim for construction price under the instant contract that C had against the Defendant, with the Defendant as the obligor and the Defendant as the third obligor; (b) on June 11, 2014, the original ruling was served on the Defendant; and (c) thereafter, on March 27, 2014, based on the executory exemplification of the Incheon District Court Branch Decision 2013Ga31276 Decided March 27, 2014, the Plaintiff transferred the provisional attachment indicated in the foregoing paragraph (1) from the above court to the original attachment; and (d) the remainder of the claim for construction price, which was seized in KRW 54,958,904, and the collection order of the claim and the collection order (hereinafter “instant collection order”).

The original copy of the above collection order was served on October 7, 2014.

2. Determination

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay the collection amount of KRW 114,958,904 to the plaintiff as the collection right holder and delay damages.

B. As to the Defendant’s defense, etc. 1, the Defendant concluded the instant contract with C on June 25, 2013, which was before the issuance of the instant collection order, since the construction was not completed even after December 25, 2012, the date of completion of the relevant collection order.