1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Basic Facts

On September 27, 2016, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) for the construction of a new factory in the Daegu-gun D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D (hereinafter “instant construction”) by the period on February 25, 2017.

C Around February 2017, the construction process ratio of 80% among the instant construction works was carried out, and on April 3, 2017, the Defendant submitted a letter of waiver of construction works to the Defendant on April 4, 2017.

On January 2017, the Plaintiff supplied C with a collection order based on the Plaintiff’s claim for the price of goods, and the service of the Defendant, from around January 2017 to March 20 of the same year, and applied for a payment order against C with respect to the Plaintiff seeking the payment of the price of goods due to the supply of the said team. On April 7, 2017, the Daegu District Court issued the payment order stating that “C would pay the Plaintiff KRW 132,587,558 and delay damages.” The above payment order became final and conclusive around that time.

Around April 12, 2017, the Plaintiff received a provisional seizure order with the Daegu District Court 2017Kadan1490 as to the claim for construction price against the Defendant, with the claim of KRW 75,90,000 among the above claim for the price of the goods. The provisional seizure order against the above claim was served on the Defendant on the 14th of the same month.

On September 12, 2017, the Plaintiff received a claim attachment and collection order (hereinafter “instant seizure and collection order”) from the Changwon District Court 2017TTT, which issued on September 12, 2017, with the claim amounting to KRW 140,694,300 on the above payment order as the claim amounting to KRW 140,694,30, and the said collection order was served on the Defendant on the 14th of the same month.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, and 8 (including each vegetable, if any) and Eul evidence 1 and 2.