The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On January 18, 2016, the Plaintiff and the Defendant during the construction period from January 18, 2016 to January 18, 2016, with respect to the civil engineering works among the new construction works of Gangseo-gu Busan Metropolitan Government building (hereinafter “instant construction works”), the construction cost of KRW 440 million and the construction period of KRW 40 million.

3. A subcontract was concluded until the end of 20.20, and around January 18, 2016, the construction was commenced and completed around March 2017.

B. On January 18, 2016, the Plaintiff leased a set file from F to the Plaintiff on November 15, 2016. On November 15, 2016, the Defendant drafted and issued a “written confirmation of payment of a set file” with the effect that the rent of KRW 20 million from June 2016 to March 15, 2017, leased by the Plaintiff to the Plaintiff, shall be paid in installments in KRW 5 million each month from March 15, 2017, and that the said set file should be additionally paid if it is used at the construction site of this case after March 15, 2017.

C. In addition, on May 5, 2017, the Defendant’s headquarters G at the instant construction site agreed to pay to the Plaintiff the sum of KRW 20 million for the file rent of KRW 20 million and KRW 21 million for the file price of KRW 45,100,000,000 for the file price of KRW 4.1 million, which was the president at the instant construction site, by June 10, 2017.

On January 31, 2018, the Plaintiff received KRW 5 million from the above site manager G on January 31, 2018, among the above total amount of KRW 45.1 million agreed to receive additional payment from the Defendant as above, but did not receive the remainder of KRW 40.1 million.

E. Meanwhile, on March 16, 2020, H, the Plaintiff’s creditor, was issued a seizure and collection order (hereinafter “instant collection order”) with respect to KRW 25,345,346 of the Plaintiff’s construction cost claim against the Defendant as the Busan District Court Branch Branch Branch of Busan District Court Decision 2020 Tado1472, on the basis of an executory exemplification of the judgment regarding the service payment claim in Seoul Northern District Court 2019Da495. The first collection order of this case was served on the Defendant on March 19, 2020.

F. The Plaintiff, the Plaintiff’s creditor, I.D.