1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 27, 2015, the Plaintiff rendered a ruling of Suwon District Court Branch 2015Kadan683 on March 27, 2015, with the Plaintiff’s right to claim compensation for oil against the Jinjin Construction Industry Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), as the right to claim compensation, and received a provisional attachment order against the Defendant of the Nonparty Co., Ltd. (hereinafter “instant provisional attachment order”), and the said ruling was served on the Defendant on March 30, 2015.

B. Around May 2015, the Plaintiff filed a claim for oil payment against the non-party company at the Suwon District Court Sung-nam branch, and received a payment order as of May 8, 2015, and the said decision became final and conclusive on May 6, 2015.

On November 10, 2015, the Plaintiff was issued a seizure and collection order to transfer KRW 37,724,506 out of the provisional seizure amount of the above provisional seizure amount to the provisional seizure based on the original order of the above payment order by the ruling of Suwon District Court 2015TTT 555 on November 10, 2015, and the above ruling was served on the Defendant on December 7, 2015.

C. On the other hand, on November 18, 2015, the Defendant submitted a peremptory notice of statement to the third obligor to the effect that all obligations of the payment deposit for the subcontract consideration by the non-party company were extinguished during the procedure of the seizure and collection order of the above claim.

[Ground of recognition] A without any dispute, entry of Gap evidence 1-6, purport of whole pleading

2. As to the plaintiff's claim for collection, the defendant asserts that the defendant cannot respond to the plaintiff's claim since the payment guarantee of subcontract consideration is fully paid to the non-party company prior to the decision of provisional seizure of claim of this case.

Comprehensively taking account of the overall purport of the pleadings in each of the statements in the evidence Nos. 1 through 3, the defendant entered into a guarantee agreement for the payment of subcontract consideration amounting to KRW 447,148,940 on August 8, 2014 with the non-party company as the guarantee creditor at the request of the defendant Dai Construction Co., Ltd. as a member of the association, and the defendant.