1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 10, 2014, E Co., Ltd. (hereinafter “Nonindicted Company”) contracted the construction of a Class I neighborhood shop located in Kimcheon-si G in Kimcheon-si (hereinafter “instant construction”) from the Defendant and his/her spouse, engaging in real estate development and supply business, etc., and the construction period was set at KRW 1.837 billion from November 3, 2014 to October 31, 2015, and the construction amount was set at KRW 1.837 billion.

(hereinafter referred to as “the instant construction payment claim”) against the Defendant and F by the non-party company.

On September 4, 2015, the Plaintiff received a provisional attachment order on the instant claim for the construction payment amounting to KRW 115,676,591 (Cheongju District Court 2015Kadan50688, hereinafter “instant provisional attachment order”) from Nonparty Company, the garnishee Defendant, the claim amounting to KRW 115,66,591, and the said order was served on the Defendant on October 27, 2015.

C. On August 22, 2017, the Plaintiff filed a lawsuit against Nonparty Company seeking the payment of unpaid temporary rents, and was sentenced to the judgment of the Daejeon High Court (Cheongju) that “A company shall pay to the Plaintiff 115,676,591 won and the amount calculated by the rate of 15% per annum from April 7, 2016 to the date of full payment (to the date of full payment).”

The appeal by the non-party company against the above judgment was dismissed on November 23, 2017 (Supreme Court Decision 2017Da260803). The above judgment became final and conclusive as it is.

On December 18, 2017, the Plaintiff transferred the above provisional attachment equivalent to KRW 115,676,591 based on the above final judgment to the original attachment, and received a seizure and collection order that additionally seizes KRW 29,201,131 out of the claim for construction payment of this case (Cheongju District Court 2017Tju 55378), and the above order was served on the Defendant on January 21, 2018.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 3, Eul evidence 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is the collection obligee unless there are special circumstances.