1. The Defendant’s payment order for the construction cost is based on the Seoul Central District Court’s 201j3268 case against the Plaintiff.

1. Basic facts

A. As to the new construction of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant apartment”), the Plaintiff entered into a construction contract with the Defendant to subcontract part of the instant construction work with the Defendant with respect to the construction of the Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(hereinafter “instant contract”). (b)

The Defendant filed an application for the payment order against the Plaintiff on the ground that it was not paid with the original payment under the instant contract (Seoul Central District Court Decision 201Da32668). On April 29, 2011, the court issued the payment order (hereinafter “the payment order of this case”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 1,640,00,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment,” and the payment order of this case became final and conclusive around that time.

C. The Defendant filed an application for the seizure and collection order of the claim against the claim to be received from the film apartment reconstruction association in relation to the case of Seoul Central District Court 2012Gahap39375 with the title of execution of the instant payment order, designating the debtor as the plaintiff and the third debtor as the film apartment reconstruction association.

(Seoul Central District Court 2013TTTT 38243). The court accepted the above application and issued a collection order on November 29, 2013. On December 9, 2013, it served on the film apartment reconstruction association, which is the garnishee.

C. Based on the above seizure and collection order, the Defendant participated in the distribution procedure A of the Seoul Central District Court, which was conducted with respect to the amount deposited by the film apartment reconstruction association, and the court, on May 19, 2017, prepared a distribution schedule that distributes KRW 483,057,830 to the Defendant on the date of distribution.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.