공사대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 1, 2011, the Plaintiff’s assertion entered into a contract with the Defendant for the manufacture of “RUWAS NGGGL 4 GFR & FBE PIPING” as the total contract amount of KRW 1,126,083,695, and the construction period from October 1, 201 to February 28, 2012. However, the Plaintiff was unable to pay KRW 105,608,49, out of the construction price as above, and the Defendant was obligated to pay the construction price to the Plaintiff.
2. Determination on the defense prior to the merits
A. On May 21, 2012, the Defendant asserted that the Plaintiff did not have the standing to exercise the said claim, as it was seized on May 21, 2012.
B. Where there exists a seizure and collection order, only the collection obligee may file a lawsuit for performance against the third obligor, and the obligor loses the standing to file a lawsuit for performance against the seized claim (see, e.g., Supreme Court Decision 9Da23888, Apr. 11, 2000). Such legal doctrine applies to cases where the obligor’s claims against the third obligor are seized due to a disposition for arrears under the National Tax Collection Act (see, e.g., Supreme Court Decision 2009Da48879, Nov. 12, 2009). Therefore, where a seizure disposition is taken against the delinquent’s claims pursuant to the National Tax Collection Act, the delinquent cannot exercise the seized claims, and only the Republic of Korea, the collection obligee, can exercise the above claims.
(See Supreme Court Decision 9Da3686 delivered on May 14, 199, etc.). In full view of the overall purport of the pleadings in the statement in the health class, Gap evidence No. 1, and Eul evidence No. 1 based on the above legal principles, the head of Msan Tax Office affiliated with the Republic of Korea attached the plaintiff's claim for value-added tax amounting to 105,44,780 won against the plaintiff as the execution claim on May 21, 2012 under Article 41 (1) of the National Tax Collection Act, with the execution claim of value-added tax against the defendant under Article 41 (1) of the National Tax Collection Act. Around that time, the defendant can recognize the fact that he was notified of the attachment