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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 Defendant is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a reconstruction project on “A house” on the land B and six parcels of Gangseo-gu Seoul Metropolitan Government. (2) On April 28, 2008, the Defendant: (a) selected an Alti Global Construction Co., Ltd. (hereinafter “debtor Co., Ltd”); (b) concluded a contract by setting the construction amount between the debtor company and the debtor company as 3,257,376,000 won; and (c) setting the construction period as 12 months from the commencement date of construction as 12 months from the commencement date of construction (hereinafter “the instant apartment construction contract”).
3) On June 12, 2008, the Defendant reported the commencement of the instant construction, and obtained authorization on May 4, 2010 for the instant apartment. (B) On August 27, 2010, the Plaintiff issued a collection order as the title to execute the payment order against the debtor company, and up to KRW 36,719,013 among the construction cost claims against the debtor company against the Defendant, the Plaintiff issued a seizure and collection order as to the part up to KRW 36,719,013 (Seoul Southern District Court 2010 other 17858, hereinafter “instant collection order”).
A) Upon receipt of the instant collection order, on September 1, 2010, the collection order was served on the Defendant on September 1, 2010. [The facts that there is no dispute over the grounds of recognition, No. 1, No. 2, No. 1, 2, and No. 3, and No. 1, and the purport of the entire pleadings.
2. The Plaintiff’s assertion is that the Defendant did not pay KRW 1,151,312,155 out of the construction cost of KRW 3,257,376,00 under the instant construction contract to the obligor company.
The defendant is obligated to pay 36,719,013 won and delay damages to the debtor company in accordance with the collection order in this case.
3. In conclusion, the construction contract in this case is concluded by the debtor company with the amount of construction from the defendant as KRW 3,257,376,000.