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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence 1 to 8, Eul evidence 1, 2, 5 to 9.
1) The defendant is a construction company which is ordered by the Korea Land and Housing Corporation to extend the extension of the 57 line from the Sung-nam Central Land and Housing Corporation, and Eul Construction Co., Ltd. (hereinafter referred to as the "B Construction").
(2) The Plaintiff subcontracted the construction work of a small river among the above road expansion works. (2) The Plaintiff, under the trade name of “B,” engaged in construction materials wholesale and retail business, and manufacturing business. From May 201 to September 201, 201, the Plaintiff supplied 25,318,535 won (including value-added tax) necessary for the said small river construction works.
B. The Plaintiff filed an application for provisional seizure against the claim against the Defendant for provisional seizure against the claim of KRW 20,318,535 out of the price of the said material as it did not receive KRW 20,318,535 out of the price of the said material, around October 2011, the Plaintiff filed an application for provisional seizure against the claim against the Defendant regarding KRW 20,318,535 out of the claim for the said construction cost (hereinafter “instant construction claim”). On October 11, 2011, the Seoul Central District Court 201Kadan60719 issued the provisional seizure against the claim.
The above ruling of provisional seizure of claims was served on October 13, 201 on the defendant.
C. Around that time, the Defendant agreed to pay the Plaintiff KRW 20,318,535 directly to the Plaintiff when the Plaintiff rescinds the provisional seizure against the said claim (hereinafter “instant agreement”), and the Plaintiff applied for the rescission of the provisional seizure against the said claim on October 26, 201 pursuant to the said agreement.
The current status of the provisional seizure or seizure and collection order, which are conducted between October 201 and November 201, as to the claims of the instant Jeju Construction in addition to the provisional seizure against the Plaintiff’s above claims, is the current status of the claims between October 201 and November 201.