1. The plaintiff's claim is dismissed.

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

1. The primary facts are held by the debtor against the third debtor. The debtor and the third debtor entered into a contract for construction works with the debtor and the third debtor for Suwon-si and D and 7 lots E (hereinafter "the instant construction works") and completed underground ground destruction works, earth and saveing construction works, underground 3 and 4 floors, and the amount equivalent to the above claim amount among the claim for the payment of the utility model construction works for which the debtor receives from the third debtor and the third debtor claimed against the third debtor, and the plaintiff was delivered to the defendant on April 23, 2013 of Suwon District Court 2013TT 5044, based on the executory payment order for the loans in Suwon District Court 2013TT 504, based on the executory payment order for the loans, the defendant and the third debtor were issued with the seizure and collection order (hereinafter "the instant claim seizure and collection order"), and the above order was delivered to the defendant, the debtor, the defendant on April 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the occurrence of collection claims

A. The plaintiff asserts that C, the debtor of the seizure and collection order of the instant claim for the construction price, has the claim for the construction price as to the instant construction work against the defendant, the garnishee.

However, the following facts that can be recognized by the statement Nos. 1 and 2 of evidence Nos. 1-2 and the circumstances that can be known therefrom, namely, the parties to the contract for the construction of this case, namely, the same development corporation that is the contractor and the Korea Comprehensive Construction Corporation that is the contractor (hereinafter referred to as the "stock company") were awarded a subcontract for the shipbuilding construction of this case from Korea Comprehensive Construction Corporation (hereinafter referred to as the "Co., Ltd."), and C was awarded a subcontract for the shipbuilding construction of this case from Korea Comprehensive Construction in the name of Sindo Development Co., Ltd. and Korea National Social Security Co., Ltd., and thereafter, when Korea Comprehensive Construction renounced the execution of the construction of this case, it takes over the