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 an application with the Busan District Court for a payment order in order to receive the loan to B Co., Ltd. (hereinafter “instant company”) and the claim for its delayed payment damages. On January 22, 2014, the Plaintiff received a payment order from the above court as 2014 tea183, and around that time, the said payment order became final and conclusive.

B. On August 12, 2015, based on the original copy of the above payment order, the Plaintiff: (a) was issued a service contract with the Defendant with respect to the housing construction project executed by the Defendant on the land outside Busan YY C and 504 lots; and (b) was issued a seizure and order in whole with regard to the claim amounting to KRW 456,280,510; (c) the debtor, the third debtor, and the Defendant.

On August 17, 2015, the above attachment and assignment order (hereinafter “instant attachment and assignment order”) was served on the Defendant on August 17, 2015, and became final and conclusive on September 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts that the company of this case had a claim for service payment exceeding the above claim amount against the defendant, and thus, the claim for service payment equivalent to the above claim amount under the seizure and assignment order of this case was made in full by the plaintiff.

B. The defendant asserts that the defendant does not bear any obligation against the company of this case, contrary to the plaintiff's assertion.

3. Determination

(a) In addition to the overall purport of the pleadings, the following facts may be recognized, if the facts of recognition are written in Gap evidence 3 to 5, Eul evidence 1 to 5 (including paper numbers, hereinafter the same shall apply), witness D and E, and each testimony of Eul:

① The Plaintiff and the Defendant enter into a joint agreement and a service contract signed on October 10, 2014 (hereinafter “instant contract”).