제3자이의
1. All of the plaintiff's claims are dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2014 Chicago126, this Court shall
1. Basic facts
A. On March 7, 2013, the Plaintiff received a supply and demand from the Korea Rural Community Corporation for the repair facility renovation project of the B district (hereinafter “instant contract”).
On March 25, 2013, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to reinforced concrete construction (hereinafter “instant subcontracted construction”) among the said construction works with C Co., Ltd. (hereinafter “Nonindicted Company”) and the said construction works, with the construction cost of KRW 348,590,00, and with respect to the construction period from March 25, 2013 to December 10, 2014 (hereinafter “instant subcontract”).
B. On March 2013, the Plaintiff, the Nonparty Company, and the Korea Rural Community Corporation agreed that the Korea Rural Community Corporation pay the subcontract price of this case to the Nonparty Company in accordance with Article 35(2) of the Framework Act on the Construction Industry.
C. On December 10, 2013, the Defendant received a seizure collection order (No. 2013TTT 3953) regarding the non-party company’s claim for construction price against the non-party company’s Korea Rural Community Corporation as indicated in the separate sheet No. 2013 tea 203, and the seizure collection order (No. 2013T 3953) regarding the non-party company’s claim for construction price against the non-party company as indicated in the separate sheet No. 2 list No. 2013, Nov. 19, 2013.
On January 14, 2014, the Plaintiff notified the Korea Rural Community Corporation of the cancellation of the instant subcontract agreement and the payment of the subcontract price to the Plaintiff and the non-party company on September 30, 2013. On January 14, 2014, the said notification reached the Korea Rural Community Corporation.
E. On February 20, 2014, the Plaintiff completed the instant contract construction and completed the completion inspection.
Although the Plaintiff claimed the cost of the instant construction project to the Korea Rural Community Corporation, the Korea Rural Community Corporation notified the Plaintiff that the amount of KRW 62,721,509, equivalent to the amount of seizure, based on the seizure collection order (No. 2013TT 4226).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3.