1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant contracted the construction work of a factory located in Manam-ri 335-1 (hereinafter “instant construction work”) to the U.S. U.S. Heavy Industries Co., Ltd. (hereinafter “S.”), and the Plaintiff was awarded a subcontract from the Nonparty Company for the construction work of the instant construction work (hereinafter “instant subcontracted work”).

B. On July 6, 2015, the Plaintiff was issued a provisional attachment order on the part of the claim amount among the claim for construction cost under the contract for the instant construction works against the Defendant of the non-party company (hereinafter “instant claim”), with the Defendant of the non-party company as the Defendant at KRW 48,510,00,00, the claim amount of which was KRW 48,510,000, as the main branch court of the Chuncheon District Court Decision 2015Kadan743, July 6, 2015, and the original copy of the said decision was served on the Defendant on July 9, 2015.

C. Thereafter, on June 10, 2016, the Plaintiff, based on the original copy of the protocol of mediation (No. 2015da6011) executed by the Chuncheon District Court as the original branch court of 2016TT 1602, the amount claimed shall be KRW 48,895,749.

The provisional seizure indicated in paragraph (1) is transferred to the main seizure, and the remaining KRW 385,749 is additionally seized among the instant claims, and each of the claims seized is determined to collect (hereinafter referred to as “instant collection order”), and the original copy of the said decision was served on the Defendant on June 15, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the collection amount of KRW 48,895,740 according to the collection order of this case and the delay damages.

B. As to the judgment of the defendant's defense, the defendant has already rendered a list of the instant construction works to the non-party company at the time of service of the provisional seizure order of this case.