1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Basic Facts

The Plaintiff is a creditor of the construction cost for the EP construction industry (hereinafter “EP”), and the Defendant is a debtor of the construction cost for the non-party company.

On March 1, 2011, the Plaintiff received sub-subcontracts from the non-party company for the installation of non-way and the construction of safety facilities (C block) from the Defendant.

On November 201, the Plaintiff received a sub-subcontract from the non-party company for the installation of a non-way system and construction of safety facilities (D block) from the Defendant among the B projects subcontracted by the Defendant.

On April 16, 2013, the Plaintiff provisionally attached KRW 138,211,247, out of the claim for construction payment against the Defendant by the Busan District Court 2013Kadan20093, the Plaintiff’s claim for construction payment against the Nonparty Company.

The Plaintiff filed a lawsuit against Nonparty Company with Busan District Court 2013Gahap1730, which sought payment of construction cost of KRW 138,211,247. On January 8, 2014, the said court rendered a judgment that “The Plaintiff shall pay to the Plaintiff the amount of KRW 39,448,798 and the amount of KRW 6% per annum from June 6, 2013 to January 8, 2014, and the amount of KRW 20% per annum from the next day to the date of full payment.”

The Plaintiff appealed from the above judgment of the first instance court as Busan High Court No. 2014Na1522, but the above court rendered a judgment dismissing the appeal on January 27, 2015, and the above judgment became final and conclusive on February 13, 2015.

On February 11, 2015, the judgment of the provisional execution sentence of the above judgment of the court of first instance rendered by the Busan District Court No. 2015TT3723.

The provisional seizure of KRW 49,740,449, among the claims arising from the decision of provisional seizure stated in the Paragraph, was issued with the seizure and collection order (hereinafter “instant seizure and collection order”) by transferring the provisional seizure of KRW 49,740,449 to the original seizure. The original copy of the instant seizure and collection order was served on the Defendant on February 13, 2015.

On the other hand, the non-party company, etc. seeks payment against the defendant as Busan District Court 2013Gahap48244.