채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 16, 2016, the Plaintiff awarded a subcontract to the Defendant for the 63,000,000 won of the construction cost of the structural construction among the construction works for the neighborhood living facilities and multi-family houses in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant building construction works”).
(hereinafter referred to as “instant framework construction contract”)
B. The Defendant filed an application for provisional attachment (Seoul Western District Court 2016Kadan3328) against the Plaintiff’s construction price of the instant building against C with the claim amounting to KRW 17,55,000 as the construction price claim under the instant structural construction contract, and the court rendered a decision to accept an application for provisional attachment against the Defendant’s claim on October 25, 2016.
C. On February 16, 2017, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 17,55,000 for the construction cost under the instant framework construction contract (Seoul Western District Court Decision 2017Da5102 decided February 15, 2017) and for the delayed payment thereof (Seoul Western District Court Decision 201Da5102 decided February 15, 2017). The execution recommendation decision became final and conclusive on June 1, 2017.
On July 14, 2017, the defendant applied for the attachment and collection order (Seoul Western District Court 2017TTTTT 6004) which transferred the provisional attachment from the provisional attachment to the provisional attachment. The court made a decision of acceptance on July 14, 2017.
The order of seizure and collection was served on September 12, 2017 on the Plaintiff.
E. The Defendant filed an application for provisional attachment of real estate (Seoul Central District Court 2018Kadan801370, Feb. 2, 2018) with respect to each real estate listed in the separate sheet C (hereinafter “instant real estate”) owned by the Defendant as the claim against C for the collection amount of KRW 17,80,289 (the amount claimed to be KRW 17,55,00,000 prior to the original attachment, and the amount seized to KRW 245,289) with respect to the claim against C, and the court made a decision of acceptance on February 2, 2018.
[Reasons for Recognition] In the event of non-contentious facts, and evidence with evidence Nos. 1 to 4.