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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant and the Poco Engineering Co., Ltd. (hereinafter “Scco engineering”). The Defendant and the Poco Engineering together with the Poco Engineering (hereinafter “Defendant, etc.”) concluded a contract with the Korea Land and Housing Corporation for the construction cost of KRW 24,723,160,00 (including value-added tax; hereinafter the same shall apply) of the construction cost of the construction of two roads, other than 1-19 lines, and the term of the contract from May 27, 2011 to November 15, 2013. The Poco Engineering Co., Ltd. (hereinafter “Scco Engineering”) concluded a contract with the Defendant, etc. for the construction cost of the said construction to be 10,558,000,000,000, contract period from September 26, 2011 to September 13, 2013 (hereinafter “instant construction”) and completed the subcontract from the Defendant, etc. to May 13, 2015 (hereinafter “the subcontract”).
B. On April 8, 2014, the Plaintiff: (a) received a decision of provisional seizure of claims against the Defendant of the non-party company (hereinafter “decision of provisional seizure of this case”) against KRW 38,539,650 of the instant construction cost against the non-party company by Suwon District Court 2014Kadan1691; and (b) was served on the Defendant, a garnishee, on April 10, 2014.
C. On May 22, 2014, the Plaintiff filed an application for a payment order against Nonparty Company for a food payment order with the Suwon District Court 2014 tea2189, and received the payment order from the said court, which became final and conclusive around July 26, 2014.
On September 3, 2014, the Plaintiff: (a) transferred the provisional seizure of KRW 38,539,650, out of the claim for construction price against the Defendant of the non-party company by Suwon District Court 2014TTT20172; (b) issued a seizure and collection order (hereinafter “instant seizure and collection order”); and (c) issued a seizure and collection order (hereinafter “instant seizure and collection order”), which additionally seizes KRW 2,447,531, and the said seizure and collection order is the garnishee on September 5, 2014.