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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed an application for provisional attachment against Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with the claim amounting to KRW 100,567,698, and the claim amount was KRW 100,567,69, and the Nonparty Co., Ltd. filed an application for provisional attachment against the Defendants, the garnishee, as the Daejeon District Court 2018Kadan3124, and on September 11, 2018, the said court reached the provisional attachment order (hereinafter “instant provisional attachment order”) against the Defendants on each claim for construction payment related to reinforced concrete construction among the new construction works before G transfer (building construction works) (excluding the remainder of the claim for construction payment other than the claim for prohibition of seizure of wages under Article 88 of the Framework Act on the Construction Industry). The provisional attachment order reached Defendant Co. 2 on September 12, 2018, and Defendant 13, respectively.
B. On October 1, 2018, the Daejeon District Court issued a payment order against the non-party company to the effect that “the non-party company shall pay KRW 100,567,698 to the Plaintiff and delay damages therefrom,” and the said payment order was served on the non-party company on October 5, 2018, and became final and conclusive on the 20th of the same month.
C. On January 31, 2019, the Plaintiff filed an application with the Daejeon District Court for the attachment and collection order to transfer the above provisional attachment to the provisional attachment. On January 31, 2019, the said court issued a provisional attachment order for KRW 100,567,698 among the claims listed in the attached list (hereinafter “instant construction price claim”) by the Daejeon District Court 2018Kadan3124, and issued a provisional attachment order for KRW 4,850,357 (hereinafter “instant collection order”).
The collection order of this case was issued on February 7, 2019 to Defendant 2, and the same month.
8. Each service was made on Defendant 1.
[Ground of recognition] A.