1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On April 15, 2016, the Defendant contracted D Co., Ltd. (hereinafter “Nonindicted Company”) with construction cost of KRW 5,805,000,000 (including value-added tax) among E-Newly constructed apartments (hereinafter “instant construction”).

B. On August 25, 2017, the Plaintiff, as the Gwangju District Court 2017Kadan2795, issued a provisional attachment order on KRW 94,875,710, out of the instant construction cost claim against the Defendant of the non-party company (excluding wages to be paid to the non-party company and the third debtor) against the non-party company as the Defendant. This was served on the Defendant on August 29, 2017.

C. On May 24, 2018, based on the judgment of Gwangju District Court 2017Kadan21645, the Plaintiff, as the Defendant, issued a claim attachment and collection order against the Defendant of the non-party company (excluding wages to be paid to the non-party company and the non-party company) regarding KRW 108,165,167 of the instant construction cost claim against the non-party company as the Defendant (excluding wages to be paid to the non-party company whose seizure is prohibited). This was served on the Defendant on May 28, 2018.

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

2. The parties' assertion

A. The Plaintiff’s assertion that the instant construction contract was an apartment construction project, but around June 20, 2017, the Defendant did not prove that the payment of KRW 5,279,494 was made to F as the progress payment at the G site and did not properly explain the reasons why the payment was made to F, and thus, it did not prove that the payment was made in full to the Nonparty Company.

Therefore, the defendant is obligated to pay to the plaintiff the collection amount of KRW 108,165,167 according to the collection order and the delay damages.

B. Before August 29, 2017, the Defendant served on the Defendant’s argument Gwangju District Court 2017Kadan2795 provisional attachment order, the Defendant paid all the remainder of the construction cost, excluding KRW 18,544,901, to the Nonparty Company, and the provisional attachment order is rendered.