1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 22, 2012, the Defendant: (a) subcontracted (total contract amount: KRW 13,510,000,000) the machinery equipment and fire-fighting construction work among the construction works of new apartment units B in Gyeyang-si; (b) the non-party company subcontracted (total contract amount: KRW 478,50,000) to the Plaintiff during the said construction work.

B. On January 7, 2013, the Plaintiff delayed the payment of the construction price, and received a provisional attachment order of KRW 83,600,000 from among the claim for the construction price against the Defendant by the non-party company under the Busan District Court Branch Branch Order 2012Kadan3751 (hereinafter “provisional attachment of this case”), and the original copy of the said decision was served on the Defendant on January 10, 2013.

C. On February 5, 2013, the Plaintiff applied for a payment order against Nonparty Company as Busan District Court Branch Branch 2013 tea9, and issued a payment order to the Plaintiff on February 5, 2013, stating that “The Plaintiff shall pay to the Plaintiff the amount of KRW 83,60,000 and the amount calculated at the rate of KRW 6% per annum from December 1, 2012 to January 21, 2013, and 20% per annum from the next day to the date of full payment.”

Based on the original copy of the above payment order, the Plaintiff filed an application with the Busan District Court for the seizure and collection order of the claim to be transferred to the provisional seizure as Busan District Court Branch Branch 2013TTTTT 12728. On December 30, 2013, the above court issued a seizure and collection order (hereinafter “instant seizure and collection order”) with the purport that “The provisional seizure of KRW 83,600,000, out of the construction cost claims upon the decision of provisional seizure, is transferred to the original seizure, and the remainder of KRW 15,921,707, and the Plaintiff may collect the above seizure and collection order, and the original copy of the above seizure and collection order was served on the Defendant on January 3, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7-13, Eul evidence 1 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is the Plaintiff’s non-party company.