1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 10, 2016, the Plaintiff received a provisional attachment order on the claim for the construction price of the Seoul Eastdong-gu Seoul Eastern District Court 2016Kadan50139 against the Defendant with the claim of KRW 114,80,000 against C Co., Ltd. (hereinafter “C”) as the preserved claim.

B. On May 25, 2017, the Plaintiff filed a counterclaim against C against the Seoul Eastern District Court 2016Gahap102861 (principal claim), 2017Gahap101698 (Counterclaim), and was sentenced to the judgment on May 25, 2017 that “C shall pay the Plaintiff KRW 114,80,000 and its delay damages,” and the said judgment became final and conclusive around that time.

C. Since then, the plaintiff

B. On September 19, 2017, based on the original copy of the judgment entered, filed an application for the seizure and collection order to transfer the above provisional seizure to the Seoul Eastern District Court 2017TTTTT 2017TT 57504, and received a provisional seizure and collection order to the effect that “The provisional seizure against C among the claims against the Defendant of the Seoul Eastern District Court 2016Kadan51039 against the Plaintiff and C is to be transferred to the principal seizure, and the remainder of KRW 6,715,013 is to be seized.”

(hereinafter “instant order of seizure and collection.” The said order was served on September 22, 2017 to the Defendant, who is the garnishee.

On the other hand, C was declared bankrupt on January 31, 2018 by the Seoul Rehabilitation Court 2017Hahap10001, and attorney G was appointed as bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 8 (including branch numbers), the purport of the whole pleadings

2. The defendant's main defense of this case asserts that the plaintiff's lawsuit of collection of this case should be dismissed as a claim by a person who has lost the ability to collect due to C's declaration of bankruptcy.

In the bankruptcy proceedings, the bankruptcy proceedings are comprehensive for all creditors.