1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 12, 2013, the Defendant concluded a contract with Sungsan Construction Co., Ltd. (the trade name before the alteration is referred to as " Sungsan Construction Industry Co., Ltd."; hereinafter referred to as "non-party company") on the following terms: (a) the construction of a factory of KRW C as the contract cycle for the instant construction project (hereinafter referred to as "the instant construction project").

- On April 12, 2013 - July 12, 2013 - on the date of completion - on July 12, 2013 - price of 4200,14 million won (in the absence of any other provision, value-added tax, value-added tax; hereinafter the same shall apply) 80,000 won in advance, 114 million won at the time of completion of the construction of the completed floor reinforced concrete, 114 million won at the time of completion of the steel framed, 113,400,000 won at the time of completion of the steel framed and finished construction - Three times the rate of liquidated damages - 2/100.

B. On June 9, 2014, the Plaintiff filed an application with the Seoul Central District Court for a seizure and collection order under the Seoul Central District Court Decision 2014TTTTT No. 2014, 14835 regarding the claim for construction price of this case against the Defendant by a notary public against the non-party company as the claim amounting to KRW 55,464,947 based on the Notarial Deed No. 937, 2013, and the original copy of the instant collection order was served on the Defendant on June 13, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence (including virtual number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion (1) The Defendant is obligated to pay the construction cost of KRW 51,1940,000 (46,3540,000 won x 1.00 won) including value-added tax, on the ground that it has given the non-party company an additional contract for construction work of KRW 44,00,000,000 for replacing the existing small H-BAM, other than the instant construction work, to the non-party company.

(2) However, the defendant only paid 410 million won out of the construction price to the non-party company.

(3) Therefore, the defendant is the plaintiff as the collection right holder.