1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 8, 2013, the Defendant: (a) concluded a contract with Hanyang Co., Ltd. (hereinafter “Nonindicted Company”) and the construction cost of the instant construction work (hereinafter “instant contract”) as KRW 1,860,000,000 (including value added tax, KRW 2,046,00,000) with respect to the instant construction work, as the owner of the instant construction work (hereinafter “instant construction work”).

B. On April 22, 2013, Nonparty Company reported the commencement of the instant construction, and completed the instant construction. On September 29, 2014, the Defendant obtained approval for the use of the instant cartel.

The defendant operates the telecom of this case.

C. The Plaintiff was awarded a subcontract for stone construction among the instant construction works by the Nonparty Company and completed the subcontracted construction works on or around April 2014. However, the Plaintiff was not paid a subcontract amount of KRW 33,000,000.

On June 2014, the Plaintiff filed an application for provisional attachment of KRW 33,00,00,00 among the claim for construction price against the Defendant by the non-party company, as the support branch of Suwon District Court Decision 2014Kadan100723, which was pending in the construction of the instant case. On June 9, 2014, the provisional attachment order on the claim (hereinafter “instant provisional attachment order”) was served on the Defendant on June 17, 2014.

E. On September 20, 2014, the Plaintiff filed a payment order against Nonparty Company seeking the remainder of the subcontract construction cost of KRW 33,000,000, with the Suwon District Court Branch Branch Branch 2014 tea3099, and the said payment order became final and conclusive on September 20, 2014.

F. On September 29, 2014, the Plaintiff was issued a provisional seizure and collection order (hereinafter “instant collection order”) with respect to the portion of KRW 33,00,000, out of the instant construction price claim against the Defendant of the non-party company, which was KRW 2014TT branch of Suwon District Court, under the title of execution of the said payment order.