1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant was awarded a contract for construction works on both sides of the Ministry of Land, Infrastructure and Transport (hereinafter “Central Land Development”) and the Central Land Development Co., Ltd. (hereinafter “Central Land Development”) from the Defendant during the contract period from July 24, 2007 to December 20, 207 (hereinafter “instant construction works”) 1,517,780,00 won (three-dimensional construction works), the contract period of construction works from April 15, 2008 to December 24, 208; 1,924,912,00 won (4; 1,000 won) from 20.3.6 billion won from April 15, 2008 to 208; 20.3 billion won from April 16, 2009 to August 8, 2010; 2013.6.6 billion won from 20.6 billion won (the contract period of construction works)

B. On November 15, 2013, the Plaintiff: (a) obtained a decision of provisional seizure of claim against the Defendant in the instant case against 23,078,000 out of the instant construction cost against the Defendant in the Central Land Development, by taking the claim for the cost of using equipment for the Central Land Development as the preserved right; (b) around November 19, 2013, the said provisional seizure order was served on the Defendant, the garnishee, the debtor of the instant case.

C. On March 13, 2014, the Defendant notified the Central Land Construction Development of the termination of the instant subcontract on the ground of the breach of the terms and conditions of the central soil development contract. Of the instant subcontract, the construction cost of the said 8th subcontract was settled at KRW 4,07,480,00. The said 9th project was adjusted at KRW 233,20,000, and the packing Corporation was adjusted at KRW 1,032,790,000, and the construction cost incurred around that time was settled at KRW 1,032,790,000.