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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff provisionally attached the claim amounting to KRW 85,797,00,00, as Seoul Eastern District Court No. 2015Kadan101965, and the amount of KRW 85,797,00,00, such as lecture lines, to Korea Epip Co., Ltd. (hereinafter “Korea Epip”), as the preserved claim.
B. The Plaintiff filed a payment order (Seoul East Eastern District Court 2016 tea3096) with the Republic of Korea, and received a payment order stating that “Korea Government shall pay 85,797,000 won to the Plaintiff and delay damages therefrom.”
C. On March 16, 2016, based on the original of the above payment order, the Plaintiff filed a claim with Seoul East Eastern District Court 2016TTT 51025 (30,487,575) as KRW 30,487,575, supra.
Of the claims for provisional seizure stated in Paragraph (1), KRW 30,487,575, which is equivalent to the above amount of claims, was received from the seizure and collection order (hereinafter “instant collection order”). The instant collection order was served to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff, in determining the existence of the claim for collection, subcontracted to Korea PSC beam the Master-Infection-Infection-Infection-Infection-Inbound (hereinafter “the instant construction”), and the Plaintiff supplied the Plaintiff with lectures, etc., which are materials for the instant construction work, and the Korea PSC beam was produced using the lectures, etc. supplied by the Plaintiff. On July 11, 2015, the date before the discontinuance of the instant construction work, the Korea PSC Market was supplied by the Plaintiff, even if the construction was performed only with the materials supplied by the Plaintiff, the Korea PSC Forest will have at least KRW 188,190,00 for the Defendant at least KRW 48,60,00 for the payment for the completed construction after the above date. Thus, the Defendant paid to Korea PSP at least KRW 48,609,000 for the instant construction work.