1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 30, 2013, the Defendant drafted a modified contract with the New Co., Ltd. Development Co., Ltd. (hereinafter “New Co., Ltd.”) under which the construction cost of the construction of the B underground floors and the 7th floor “C” building (hereinafter “instant new building”) in Asia-si (hereinafter “instant construction”) was changed to the construction cost of KRW 6.4 billion and the construction period up to May 23, 2013.

B. (1) On October 19, 2012, the Plaintiff entered into a subcontract for tin works among the instant new construction works with a contract amount of KRW 357,50,000 and the period from December 1, 2012 to February 28, 2013. On May 31, 2013, the Plaintiff changed the said contract from December 1, 2012 to May 30, 2013.

(2) The Plaintiff is paid KRW 375,00,000 out of the above construction cost of KRW 409,200,000 from the development of new industry, and the construction cost of KRW 34,20,000 remains.

C. On October 19, 2012, the Plaintiff entered into a subcontract with the New Co., Ltd. during D Co., Ltd. as to D Co., Ltd. during D Co., Ltd. during D Co., Ltd. as the contract amount of KRW 34,650,00, and the construction period from October 22, 2012 to December 14, 2012. The said contract amount remains as KRW 9,14,263.

On March 13, 2014, as Suwon District Court 2014Kadan1215, the Plaintiff was subject to a provisional attachment decision on the instant new construction project payment claim against the Defendant in the development of new friendship industry, the garnishee, the Defendant, the claim amounting to KRW 43,34,263, and the Defendant in the development of new bond industry to be provisionally seized (hereinafter “instant provisional attachment decision”). The said provisional attachment decision was served on the Defendant on March 17, 2014.

E. On January 14, 2015, the Plaintiff filed a lawsuit against the development of new friendship industry with Suwon District Court 2014Kadan42394, and the said court rendered a judgment on January 14, 2015 that “The development of new friendship industry shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from June 23, 2014 to the date of full payment” and the said judgment on February 5, 2015.