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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Young-si awarded a contract for “D Corporation” to the Sung-si Co., Ltd. (hereinafter “Ssung”) and concluded a direct payment agreement with G on September 1, 2015 with the consent of the gender countries.
However, on July 21, 2015, prior to the agreement on direct payment between the Gi-si and the above E, the claim for the construction cost as to the Sung-si as the claim for the above construction cost as the seized claim was served on the U.S. Steel Co., Ltd. (hereinafter “U.S. Steel”), and on August 11, 2015, the Defendant’s seizure and collection order (U.S. District Court 2015T. 2015T. 15805) were served on the Ki-si, respectively, with the claim for the construction cost as the seized claim as of August 11, 2015.
B. Meanwhile, the order of provisional seizure of claim No. 2015Kadan922, Osan District Court 2016, Osan District Court Hasan District Court 2016, Jan. 13, 2016, I’s order of provisional seizure of claim No. 2016Kadan2, Jan. 18, 2016, and the Plaintiff’s order of provisional seizure of claim No. 2015Kadan5907, Suwon District Court 2015, Feb. 1, 2016, which indicated that the Defendant is the obligor and the obligation for the construction payment was the obligation to seize the said claim.
C. On February 22, 2016, the Suwon-si deposited KRW 159,002,680 for the construction cost of the said construction to be paid to the Sungwon District Court. The Suwon-si District Court C (hereinafter “instant dividend procedure”) commenced the distribution procedure.
In the instant distribution procedure, when distributing the amount of KRW 158,679,027 to be actually distributed on May 15, 2017, the said court distributes the total amount of the claims claimed (in the case of the Defendant, KRW 26,641,00) by deeming the person having the right to collect and the Defendant as the first priority order, and distributes the total amount of the claims to be distributed by deeming the subcontractor as the second, third, and third, the subcontractor as the other subcontractor. On the other hand, H, I, and the Plaintiff, who is the wage obligee, distributes KRW 11,081,350, the remainder of the dividends distributed as above, in proportion to the proportional distribution amount.