1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit for the price of goods against C Co., Ltd. (hereinafter “C”) and D, the Incheon District Court 2016Kadan5454, 554, and “the Defendant jointly and severally pays to the Plaintiff KRW 36,224,448, and interest for the delay thereof,” was rendered a judgment without holding any pleadings on February 3, 2017, and the judgment became final and conclusive around that time.

B. Upon granting the execution clause to the above judgment, the Plaintiff filed an application for a seizure and collection order (Seoul Western District Court 2017TTTTT 5354) with the obligor C and C as the Defendant, and the written decision of the acceptance was served on June 14, 2017 to the Defendant.

C. The claims to be seized and collected under the text of the decision are “amounting to KRW 36,224,448 out of the construction cost that the debtor has agreed to receive from the third debtor according to the remodeling contract for the F Hospital in Seongbuk-gu Seoul, Seongbuk-gu.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. As to the assertion and determination of the Plaintiff’s claim for the payment of the above collection claim, the Defendant: (a) around June 7, 2016, transferred C to G Co., Ltd. (hereinafter “G”); (b) the obligation to supply goods to the Plaintiff and the obligation to pay the construction price to the Defendant at that time; and (c) the Defendant asserts that the Defendant concluded a construction subcontract with G and paid the construction price in full to G who performed the construction

In full view of the aforementioned evidence, Gap evidence, Eul evidence, Eul evidence Nos. 5, Eul evidence Nos. 1, 2, 5, 9 (including paper numbers), witness Eul's testimony in this court, witness D, and I's testimony in this court, as a whole, Eul concluded a construction period subcontract with the defendant for the remodeling work of the first medical clinic No. 1 of the F Hospital No. 1 of May 13, 2016 with respect to the remodeling work of the second and fifth floors between the defendant and the defendant on May 13, 2016, with respect to the construction work of the first medical clinic No. 1 of the F Hospital No. 9 of May 9, 2016 and August 10, 2016; the construction cost of construction of construction of construction of construction of construction of construction of 680,000,000. D substantially operated by Eul