The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 7, 2018, the Plaintiff filed an application for provisional attachment (amounting to KRW 95,550,000) with D on the claim for construction price against D (hereinafter “D”) for the preservation of the claim for construction price against D (hereinafter “D”), and received a decision of acceptance on July 3, 2018 (hereinafter “decision of provisional attachment in this case”), and the said decision was served on the Defendant on August 13, 2018.

The provisional attachment order of this case stated the claim for the construction work of the new construction works of Gyeongcheon-gun, Gyeongcheon-gun and one parcel of land, and the claim for the construction work of Gyeongcheon-gun, Gyeongcheon-gun.

B. On June 27, 2018, the Plaintiff filed a payment order against D, seeking payment of the construction cost, and “D” received a payment order (Seoul District Court Branch Decision 2018Guj956, hereinafter “instant payment order”) from the Plaintiff, and the said payment order became final and conclusive around that time.

C. On September 7, 2018, the Plaintiff received the claim attachment and collection order, which transferred KRW 89,246,958, among the above provisional seizure, to the original seizure as the executive title of the instant payment order (Seoul District Court Branch Branch Decision 2018 tea956), and the said order was served on the Defendant on September 10, 2018.

The Plaintiff received reimbursement of KRW 20,000,000 from D on September 21, 2018.

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

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff 69,246,958 won and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserted that D awarded a contract for the construction of the F building in the Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “the construction of the instant case”), but paid money in cash or in payment to D or its subcontractors in excess of the construction cost.

Therefore, the collection claim of this case.