1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a person working in C (hereinafter “Nonindicted Company”) from January 24, 2011 to June 30, 2012, and the Plaintiff was a company with the purpose of housing construction business, etc., and the Defendant entered into a contract on consignment and acceptance of the instant project with the Nonparty Company (hereinafter “instant project”).

B. The Plaintiff’s claim, such as the Plaintiff’s wage, against the non-party company, for payment order claiming payment of unpaid wages and retirement allowances, 64,379,550 won, and delayed payment damages (2017j. 11777). The above court referred the above case to the litigation procedure. The pertinent court (U.S. District Court 2017Da514902) sentenced the non-party company to serve the complaint, etc. by public notice and the court (2017da514902) accepted the Plaintiff’s claim on September 14, 2017. The above judgment became final and conclusive around that time.

C. On June 3, 2013, the Plaintiff: (a) obtained a provisional seizure order of KRW 64,379,550 from among the loan repayment claims for the instant business related to the instant business that the non-party company had against the Defendant; (b) issued a provisional seizure order of KRW 64,379,550 from among the loan claims for which the non-party company had against the Defendant; and (c) on June 4, 2013, the Plaintiff served the Defendant with the original copy of the said judgment against the non-party company as the title of execution on November 14, 2017, with the Suwon District Court 2015,15071, the Defendant and the third debtor as the Defendant and the third debtor as the Defendant, and the amount claimed as KRW 132,815,893,000, the provisional seizure order of KRW 64,379,500, out of the amount claimed, and the provisional seizure order of KRW 68,436,3434.