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1. The Defendant’s Daegu High Court against the Plaintiff has the power to execute the construction cost case of 2014Na2908 Decided April 30, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a contract with the Taesan General Construction Co., Ltd. and the Daegu Local Government Procurement Service for the construction of facilities 10-S-01 unit of No. 9691 and subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) to the Defendant.
B. On April 30, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for the construction payment of the instant case (the Daegu High Court 2014Na2908, 2014Na2915 (Counterclaim), hereinafter “related lawsuit”) and was sentenced to a judgment on April 30, 2015 that “the Plaintiff shall pay to the Defendant 48,766,263 won and its interest at the rate of 5% per annum from September 14, 2012 to April 30, 2015, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive around that time.
C. From May 29, 2015, the Plaintiff and the seafarer construction corporation filed a lawsuit seeking confirmation of the claim for payment of deposit against the Defendant (Ulsan District Court 2013Gahap8140), the conciliation was concluded that “the Plaintiff and the seafarer construction corporation deposit the judgment amount in the Defendant’s future by June 12, 2015.”
Meanwhile, the Defendant’s Specialized Construction Mutual Aid Association filed an application for provisional attachment of KRW 10,00,000 among the instant construction costs (Seoul District Court Branch Branch of 2013Kadan1592), and the decision was served on the Plaintiff on August 9, 2013. The Defendant’s New Construction Mutual Aid Association filed an application for the seizure and collection order of KRW 120,038,56 out of the instant construction costs (Seoul District Court Branch of 2014TT Branch 4858), and the decision was served on the Plaintiff on November 3, 2014, on which the Defendant’s Specialized Construction Mutual Aid Association applied for the seizure and collection order of KRW 35,756,423 out of the instant construction costs (Seoul District Court Branch of Mapo District Court Branch 2015Mo2083). The decision was served on the Plaintiff on May 1, 2015.
E. Accordingly, on June 17, 2015, the Plaintiff competition the provisional attachment of the instant claim for construction cost, or the seizure and collection order.