1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On January 7, 2016, the Plaintiff filed an application for a payment order seeking the payment of KRW 9,143,580 for the goods price of KRW 9,143,580 with the Suwon District Court Decision 201Da818, Ansan District Court, and the payment order was issued on January 26, 2016, and the said payment order was finalized on January 26, 2016.

B. 1) The Plaintiff, based on the original copy of the above executory payment order, filed an application for the seizure and collection order with the Seoul Northern District Court 2016TTT District Court KRW 9,413,211, and the seized claim with the “B’s claim for construction cost arising from a contract for the construction site of the C Office and the Urban Residential Housing Construction Site.” 2) On March 16, 2016, the above court issued the seizure and collection order (hereinafter “instant collection order”). The instant collection order was served on the Defendant, the debtor, on April 14, 2016.

C. On the other hand, on June 22, 2015, Yangyang Co., Ltd. (hereinafter “instant construction”) from the Defendant on the part of the studio and the Urban Residential Housing Construction Corporation located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant construction”).

After receiving a contract for the construction cost of KRW 290,00,000 (excluding value-added tax) from B, the contractor of the instant construction project was changed from 275,50,000 to D on October 5, 2015. However, on October 26, 2015, the contractor of the instant construction project changed from 275,50,000 won to 275,50,000 won (value-added tax) and submitted to the Defendant a written waiver of the construction project (hereinafter “each of the instant documents”) to the effect that he/she would waive the instant construction project after consultation with the Defendant and will not file a civil or criminal complaint against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 12, Eul evidence No. 1, Eul evidence No. 2, Eul's testimony and the purport of whole pleadings

2. Determination

A. The plaintiff's summary of the plaintiff's assertion is B-B's creditor.