1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 31, 2015, the Defendant was awarded a contract with the Scarland Co., Ltd. for “the construction of the Gimpo Second Puan apartment.”

On January 25, 2016, the Defendant entered into a subcontract (hereinafter referred to as the “instant subcontract”) with respect to the part of the Section 2 of the household and reinforced concrete construction works (hereinafter referred to as “instant construction works”) among the said construction works, with the construction period fixed from January 25, 2016 to June 30, 2018; and the construction price of KRW 8,529,672,00 (including value-added tax) (hereinafter referred to as “instant subcontract”).

B. As the Plaintiff supplied NFC with the instant construction, and NFC was unable to pay the material cost, the Plaintiff filed an application for provisional attachment of the claim against NFC’s Defendant for KRW 58,796,320 among the claim for construction cost against NFC as the Incheon District Court 201Kadan2211, and received a provisional attachment order on May 10, 2017.

The decision of provisional seizure (hereinafter referred to as the "decision of provisional seizure of this case") was delivered to the defendant on May 15, 2017.

C. On May 1, 2017, the Plaintiff filed an order for payment against Nurina, Incheon District Court 201, claiming KRW 58,796,320 of the material price, and issued an order for payment on May 1, 2017, stating that “the Defendant shall pay to the Plaintiff KRW 58,796,320, and delay damages.”

The payment order was finalized on May 25, 2017. D.

On June 16, 2017, the Plaintiff filed an order for the seizure and collection of the claim (hereinafter “instant collection order”) with the Incheon District Court No. 2017TNC and a third debtor to transfer the debtor to the provisional seizure as the defendant on the basis of the above payment order, and received the order for the seizure and collection of the claim on June 16, 2017. The instant collection order was served on the Defendant on June 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 10, the purport of the whole pleadings

2. The assertion; and